Amendment Text:
H.Amdt.143 — 113th Congress (2013-2014)

There is one version of the amendment.

Shown Here:Amendment as Offered (06/13/2013)

This Amendment appears on page H3522 in the following article from the Congressional Record.

[Pages H3382-H3589]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2014
Mr. McKEON. Mr. Speaker, I ask unanimous consent that during further
consideration of H.R. 1960, pursuant to House Resolution 260, amendment
Nos. 18, 19, and 20 printed in part B of House Report 113-108 may be
considered out of sequence.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 260 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the further consideration of the bill,
H.R. 1960.
Will the gentleman from Nebraska (Mr. Terry) kindly take the chair.
{time} 1436
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 1960) to authorize appropriations for fiscal year 2014
for military activities of the Department of Defense and for military
construction, to prescribe military personnel strengths for such fiscal
year, and for other purposes, with Mr. Terry (Acting Chair) in the
chair.
The Clerk read the title of the bill.
The Acting CHAIR. When the Committee of the Whole rose on Wednesday,
June 12, 2013, all time for general debate pursuant to House Resolution
256 had expired.
Pursuant to House Resolution 260, no further general debate shall be
in order. In lieu of the amendment in the nature of a substitute
recommended by the Committee on Armed Services, printed in the bill, it
shall be in order to consider as an original bill for the purpose of
amendment under the 5-minute rule an amendment in the nature of a
substitute consisting of the text of Rules Committee Print 113-13,
modified by the amendment printed in part A of House Report 113-108.
The amendment in the nature of a substitute shall be considered as
read.
The text of the amendment in the nature of a substitute is as
follows:
H.R. 1960
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 2014''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This Act is organized into four divisions
as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D--Funding Tables.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Limitation on availability of funds for Stryker vehicle
program.
Subtitle C--Navy Programs
Sec. 121. Multiyear procurement authority for E-2D aircraft program.
Sec. 122. Cost limitation for CVN-78 aircraft carriers.
Subtitle D--Air Force Programs
Sec. 131. Multiyear procurement authority for multiple variants of the
C-130J aircraft program.
Sec. 132. Prohibition on cancellation or modification of avionics
modernization program for C-130 aircraft.
Sec. 133. Retirement of KC-135R aircraft.
Sec. 134. Competition for evolved expendable launch vehicle providers.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 141. Multiyear procurement authority for ground-based
interceptors.
Sec. 142. Multiyear procurement authority for tactical wheeled
vehicles.
Sec. 143. Limitation on availability of funds for retirement of RQ-4
Global Hawk unmanned aircraft systems.
Sec. 144. Personal protection equipment procurement.
Sec. 145. Repeal of certain F-35 reporting requirements.
Sec. 146. Study on procurement of personal protection equipment.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Limitation on availability of funds for ground combat vehicle
engineering and manufacturing phase.
Sec. 212. Limitation on Milestone A activities for Unmanned Carrier-
launched Surveillance and Strike system program.
Sec. 213. Limitation on availability of funds for Air Force logistics
transformation.
Sec. 214. Limitation on availability of funds for defensive cyberspace
operations of the Air Force.
Sec. 215. Limitation on availability of funds for precision extended
range munition program.
Sec. 216. Limitation on availability of funds for the program manager
for biometrics of the Department of Defense.
Sec. 217. Unmanned combat air system demonstration testing requirement.
Sec. 218. Long-range standoff weapon requirement.
Sec. 219. Review of software development for F-35 aircraft.
Sec. 220. Evaluation and assessment of the Distributed Common Ground
System.
Sec. 221. Requirement to complete individual carbine testing.
Sec. 222. Establishment of funding line and fielding plan for Navy
laser weapon system.
Sec. 223. Sense of Congress on importance of aligning common missile
compartment of Ohio-class replacement program with the
United Kingdom's Vanguard successor program.
Sec. 224. Sense of congress on counter-electronics high power microwave
missile project.
Subtitle C--Missile Defense Programs
Sec. 231. Prohibition on use of funds for MEADS program.
Sec. 232. Additional missile defense site in the United States for
optimized protection of the homeland.
Sec. 233. Limitation on removal of missile defense equipment from East
Asia.
Sec. 234. Improvements to acquisition accountability reports on
ballistic missile defense system.
Sec. 235. Analysis of alternatives for successor to precision tracking
space system.
Sec. 236. Plan to improve organic kill assessment capability of the
ground-based midcourse defense system.
Sec. 237. Availability of funds for Iron Dome short-range rocket
defense program.
Sec. 238. NATO and the phased, adaptive approach to missile defense in
Europe.
Sec. 239. Sense of Congress on procurement of capability enhancement II
exoatmospheric kill vehicle.
Sec. 240. Sense of Congress on 30th anniversary of the Strategic
Defense Initiative.
Subtitle D--Reports
Sec. 251. Annual Comptroller General report on the amphibious combat
vehicle acquisition program.
Sec. 252. Report on strategy to improve body armor.
Sec. 253. Report on main battle tank fuel efficiency initiative.
Sec. 254. Report on powered rail system.
Subtitle E--Other Matters
Sec. 261. Establishment of Cryptographic Modernization Review and
Advisory Board.
[[Page H3383]]
Sec. 262. Clarification of eligibility of a State to participate in
defense experimental program to stimulate competitive
research.
Sec. 263. Extension and expansion of mechanisms to provide funds for
defense laboratories for research and development of
technologies for military missions.
Sec. 264. Extension of authority to award prizes for advanced
technology achievements.
Sec. 265. Five-year extension of pilot program to include technology
protection features during research and development of
certain defense systems.
Sec. 266. Briefing on power and energy research conducted at university
affiliated research centers.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Subtitle B--Energy and Environment
Sec. 311. Deadline for submission of reports on proposed budgets for
activities relating to operational energy strategy.
Sec. 312. Facilitation of interagency cooperation in conservation
programs of the Departments of Defense, Agriculture, and
Interior to avoid or reduce adverse impacts on military
readiness activities.
Sec. 313. Reauthorization of Sikes Act.
Sec. 314. Cooperative agreements under Sikes Act for land management
related to Department of Defense readiness activities.
Sec. 315. Exclusions from definition of ``chemical substance'' under
Toxic Substances Control Act.
Sec. 316. Exemption of Department of Defense from alternative fuel
procurement requirement.
Sec. 317. Clarification of prohibition on disposing of waste in open-
air burn pits.
Sec. 318. Limitation on plan, design, refurbishing, or construction of
biofuels refineries.
Sec. 319. Limitation on procurement of biofuels.
Subtitle C--Logistics and Sustainment
Sec. 321. Littoral Combat Ship Strategic Sustainment Plan.
Sec. 322. Review of critical manufacturing capabilities within Army
arsenals.
Sec. 323. Inclusion of Army arsenals capabilities in solicitations.
Subtitle D--Reports
Sec. 331. Additional reporting requirements relating to personnel and
unit readiness.
Sec. 332. Repeal of annual Comptroller General report on Army progress.
Sec. 333. Revision to requirement for annual submission of information
regarding information technology capital assets.
Subtitle E--Limitations and Extensions of Authority
Sec. 341. Limitation on reduction of force structure at Lajes Air Force
Base, Azores.
Sec. 342. Prohibition on performance of Department of Defense flight
demonstration teams outside the United States.
Subtitle F--Other Matters
Sec. 351. Requirement to establish policy on joint combat uniforms.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum
levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2014 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy Generally
Sec. 501. Limitations on number of general and flag officers on active
duty.
Subtitle B--Reserve Component Management
Sec. 511. Minimum notification requirements for members of reserve
components before deployment or cancellation of
deployment related to a contingency operation.
Sec. 512. Information to be provided to boards considering officers for
selective early removal from reserve active-status list.
Sec. 513. Temporary authority to maintain active status and inactive
status lists of members in the inactive National Guard.
Sec. 514. Review of requirements and authorizations for reserve
component general and flag officers in an active status.
Sec. 515. Feasability study on establishing a unit of the National
Guard in American Samoa and in the Commonwealth of the
Northern Mariana Islands.
Subtitle C--General Service Authorities
Sec. 521. Review of Integrated Disability Evaluation System.
Sec. 522. Compliance requirements for organizational climate
assessments.
Sec. 523. Command responsibility and accountability for remains of
members of the Army, Navy, Air Force, and Marine Corps
who die outside the United States.
Sec. 524. Contents of Transition Assistance Program.
Sec. 525. Procedures for judicial review of military personnel
decisions relating to correction of military records.
Sec. 526. Establishment and use of consistent definition of gender-
neutral occupational standard for military career
designators.
Sec. 527. Expansion and enhancement of authorities relating to
protected communications of members of the Armed Forces
and prohibited retaliatory actions.
Sec. 528. Applicability of medical examination requirement regarding
post-traumatic stress disorder or traumatic brain injury
to proceedings under the Uniform Code of Military
Justice.
Sec. 529. Protection of the religious freedom of military chaplains to
close a prayer outside of a religious service according
to the traditions, expressions, and religious exercises
of the endorsing faith group.
Sec. 530. Expansion and implementation of protection of rights of
conscience of members of the Armed Forces and chaplains
of such members.
Sec. 530A. Servicemembers' Accountability, Rights, and Responsibilities
Training.
Sec. 530B. Inspector General of the Department of Defense review of
separation of members of the Armed Forces who made
unrestricted reports of sexual assault.
Sec. 530C. Report on data and information collected in connection with
Department of Defense review of laws, policies, and
regulations restricting service of female members of the
Armed Forces.
Sec. 530D. Sense of Congress regarding the Women in Service
Implementation Plan.
Subtitle D--Military Justice, Including Sexual Assault Prevention and
Response
Sec. 531. Limitations on convening authority discretion regarding
court-martial findings and sentence.
Sec. 532. Elimination of five-year statute of limitations on trial by
court-martial for additional offenses involving sex-
related crimes.
Sec. 533. Discharge or dismissal for certain sex-related offenses and
trial of offenses by general courts-martial.
Sec. 534. Regulations regarding consideration of application for
permanent change of station or unit transfer by victims
of sexual assault.
Sec. 535. Consideration of need for, and authority to provide for,
temporary administrative reassignment or removal of a
member on active duty who is accused of committing a
sexual assault or related offense.
Sec. 536. Victims' Counsel for victims of sex-related offenses and
related provisions.
Sec. 537. Inspector General investigation of allegations of retaliatory
personnel actions taken in response to making protected
communications regarding sexual assault.
Sec. 538. Secretary of Defense report on role of commanders in military
justice process.
Sec. 539. Review and policy regarding Department of Defense
investigative practices in response to allegations of
sex-related offenses.
Sec. 540. Uniform training and education programs for sexual assault
prevention and response program.
Sec. 541. Development of selection criteria for assignment as Sexual
Assault Response and Prevention Program Managers, Sexual
Assault Response Coordinators, Sexual Assault Victim
Advocates, and Sexual Assault Nurse Examiners-Adult/
Adolescent.
Sec. 542. Extension of crime victims' rights to victims of offenses
under the Uniform Code of Military Justice.
Sec. 543. Defense counsel interview of complaining witnesses in
presence of counsel for the complaining witness or a
Sexual Assault Victim Advocate.
Sec. 544. Participation by complaining witnesses in clemency phase of
courts-martial process.
Sec. 545. Eight-day incident reporting requirement in response to
unrestricted report of sexual assault in which the victim
is a member of the Armed Forces.
Sec. 546. Amendment to Manual for Courts-Martial to eliminate
considerations relating to character and military service
of accused in initial disposition of sex-related
offenses.
Sec. 547. Inclusion of letter of reprimands, nonpunitive letter of
reprimands and counseling statements.
[[Page H3384]]
Sec. 548. Enhanced protections for prospective members and new members
of the Armed Forces during entry-level processing and
training.
Sec. 549. Independent reviews and assessments of Uniform Code of
Military Justice and judicial proceedings of sexual
assault cases.
Sec. 550. Review of the Office of Diversity Management and Equal
Opportunity role in sexual harassment cases.
Subtitle E--Military Family Readiness
Sec. 551. Department of Defense recognition of spouses of members of
the Armed Forces who serve in combat zones.
Sec. 552. Protection of child custody arrangements for parents who are
members of the Armed Forces.
Sec. 553. Treatment of relocation of members of the Armed Forces for
active duty for purposes of mortgage refinancing.
Sec. 554. Family support programs for immediate family members of
members of the Armed Forces assigned to special
operations forces.
Subtitle F--Education and Training Opportunities and Wellness
Sec. 561. Inclusion of Freely Associated States within scope of Junior
Reserve Officers' Training Corps program.
Sec. 562. Improved climate assessments and dissemination and tracking
of results.
Sec. 563. Service-wide 360 assessments.
Sec. 564. Health welfare inspections.
Sec. 565. Review of security of military installations, including
barracks and multi-family residences.
Sec. 566. Enhancement of mechanisms to correlate skills and training
for military occupational specialties with skills and
training required for civilian certifications and
licenses.
Sec. 567. Use of educational assistance for courses in pursuit of
civilian certifications or licenses.
Subtitle G--Defense Dependents' Education
Sec. 571. Continuation of authority to assist local educational
agencies that benefit dependents of members of the Armed
Forces and Department of Defense civilian employees.
Sec. 572. Support for efforts to improve academic achievement and
transition of military dependent students.
Sec. 573. Treatment of tuition payments received for virtual elementary
and secondary education component of Department of
Defense education program.
Subtitle H--Decorations and Awards
Sec. 581. Fraudulent representations about receipt of military
decorations or medals.
Sec. 582. Repeal of limitation on number of medals of honor that may be
awarded to the same member of the Armed Forces.
Sec. 583. Standardization of time-limits for recommending and awarding
Medal of Honor, Distinguished-Service Cross, Navy Cross,
Air Force Cross, and Distinguished-Service Medal.
Sec. 584. Recodification and revision of Army, Navy, Air Force, and
Coast Guard Medal of Honor Roll requirements.
Sec. 585. Treatment of victims of the attacks at recruiting station in
Little Rock, Arkansas, and at Fort Hood, Texas.
Sec. 586. Retroactive award of Army Combat Action Badge.
Sec. 587. Report on Navy review, findings, and actions pertaining to
Medal of Honor nomination of Marine Corps Sergeant Rafael
Peralta.
Sec. 588. Authorization for award of the Distinguished-Service Cross to
Sergeant First Class Robert F. Keiser for acts of valor
during the Korean War.
Subtitle I--Other Matters
Sec. 591. Revision of specified senior military colleges to reflect
consolidation of North Georgia College and State
University and Gainesville State College.
Sec. 592. Authority to enter into concessions contracts at Army
National Military Cemeteries.
Sec. 593. Commission on Military Behavioral Health and Disciplinary
Issues.
Sec. 594. Commission on Service to the Nation.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Extension of authority to provide temporary increase in rates
of basic allowance for housing under certain
circumstances.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities.
Sec. 615. One-year extension of authorities relating to payment of
other title 37 bonuses and special pays.
Sec. 616. One-year extension of authority to provide incentive pay for
members of precommissioning programs pursuing foreign
language proficiency.
Sec. 617. Authority to provide bonus to certain cadets and midshipmen
enrolled in the Senior Reserve Officers' Training Corps.
Subtitle C--Disability, Retired Pay, Survivor, and Transitional
Benefits
Sec. 621. Transitional compensation and other benefits for dependents
of certain members separated for violation of the Uniform
Code of Military Justice.
Sec. 622. Prevention of retired pay inversion for members whose retired
pay is computed using high-three average.
Subtitle D--Commissary and Nonappropriated Fund Instrumentality
Benefits and Operations
Sec. 631. Expansion of protection of employees of nonappropriated fund
instrumentalities from reprisals.
Sec. 632. Purchase of sustainable products, local food products, and
recyclable materials for resale in commissary and
exchange store systems.
Sec. 633. Correction of obsolete references to certain nonappropriated
fund instrumentalities.
Subtitle E--Other Matters
Sec. 641. Authority to provide certain expenses for care and
disposition of human remains retained by the Department
of Defense for forensic pathology investigation.
Sec. 642. Provision of status under law by honoring certain members of
the reserve components as veterans.
Sec. 643. Survey of military pay and benefits preferences.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Improvements to Health Benefits
Sec. 701. Mental health assessments for members of the Armed Forces.
Sec. 702. Periodic mental health assessments for members of the Armed
Forces.
Subtitle B--Health Care Administration
Sec. 711. Future availability of TRICARE Prime for certain
beneficiaries enrolled in TRICARE Prime.
Sec. 712. Cooperative health care agreements between the military
departments and non-military health care entities.
Sec. 713. Limitation on availability of funds for integrated electronic
health record program.
Sec. 714. Pilot program on increased third-party collection
reimbursements in military medical treatment facilities.
Subtitle C--Other Matters
Sec. 721. Display of budget information for embedded mental health
providers of the reserve components.
Sec. 722. Authority of Uniformed Services University of Health Sciences
to enter into contracts and agreements and make grants to
other nonprofit entities.
Sec. 723. Mental health support for military personnel and families.
Sec. 724. Research regarding hydrocephalus.
Sec. 725. Traumatic brain injury research.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Modification of reporting requirement for Department of
Defense business system acquisition programs when initial
operating capability is not achieved within five years of
Milestone A approval.
Sec. 802. Enhanced transfer of technology developed at Department of
Defense laboratories.
Sec. 803. Extension of limitation on aggregate annual amount available
for contract services.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Additional contractor responsibilities in regulations
relating to detection and avoidance of counterfeit
electronic parts.
Sec. 812. Amendments relating to detection and avoidance of counterfeit
electronic parts.
Sec. 813. Government-wide limitations on allowable costs for contractor
compensation.
Sec. 814. Inclusion of additional cost estimate information in certain
reports.
Sec. 815. Amendment relating to compelling reasons for waiving
suspension or debarment.
Sec. 816. Requirement that cost or price to the Federal Government be
given at least equal importance as technical or other
criteria in evaluating competitive proposals for defense
contracts.
Sec. 817. Requirement to buy American flags from domestic sources.
Subtitle C--Provisions Relating to Contracts in Support of Contingency
Operations in Iraq or Afghanistan
Sec. 821. Amendments relating to prohibition on contracting with the
enemy.
[[Page H3385]]
Sec. 822. Collection of data relating to contracts in Iraq and
Afghanistan.
Subtitle D--Other Matters
Sec. 831. Extension of pilot program on acquisition of military purpose
nondevelopmental items.
Sec. 832. Extension of authority to acquire products and services
produced in countries along a major route of supply to
Afghanistan.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Redesignation of the Department of the Navy as the Department
of the Navy and Marine Corps.
Sec. 902. Revisions to composition of transition plan for defense
business enterprise architecture.
Subtitle B--Space Activities
Sec. 911. National security space satellite reporting policy.
Sec. 912. National security space defense and protection.
Sec. 913. Space acquisition strategy.
Sec. 914. Space control mission report.
Sec. 915. Responsive launch.
Subtitle C--Defense Intelligence and Intelligence-Related Activities
Sec. 921. Revision of Secretary of Defense authority to engage in
commercial activities as security for intelligence
collection activities.
Sec. 922. Department of Defense intelligence priorities.
Sec. 923. Defense Clandestine Service.
Sec. 924. Prohibition on National Intelligence Program consolidation.
Subtitle D--Cyberspace-Related Matters
Sec. 931. Modification of requirement for inventory of Department of
Defense tactical data link systems.
Sec. 932. Defense Science Board assessment of United States Cyber
Command.
Sec. 933. Mission analysis for cyber operations of Department of
Defense.
Sec. 934. Notification of investigations related to compromise of
critical program information.
Sec. 935. Additional requirements relating to the software licenses of
the Department of Defense.
Subtitle E--Total Force Management
Sec. 941. Requirement to ensure sufficient levels of Government
oversight of functions closely associated with inherently
Governmental functions.
Sec. 942. Five-year requirement for certification of appropriate
manpower performance.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Budgetary effects of this Act.
Sec. 1003. Audit of Department of Defense fiscal year 2018 financial
statements.
Sec. 1004. Authority to transfer funds to the National Nuclear Security
Administration to sustain nuclear weapons modernization.
Subtitle B--Counter-Drug Activities
Sec. 1011. Extension of authority to support unified counter-drug and
counterterrorism campaign in Colombia.
Sec. 1012. Extension of authority for joint task forces to provide
support to law enforcement agencies conducting counter-
terrorism activities.
Sec. 1013. Two-year extension of authority to provide additional
support for counter-drug activities of certain foreign
governments.
Sec. 1014. Sense of Congress regarding the National Guard Counter-
Narcotic Program.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. Clarification of sole ownership resulting from ship
donations at no cost to the navy.
Sec. 1022. Availability of funds for retirement or inactivation of
Ticonderoga class cruisers or dock landing ships.
Sec. 1023. Repair of vessels in foreign shipyards.
Sec. 1024. Sense of Congress regarding a balanced future naval force.
Sec. 1025. Authority for short-term extension or renewal of leases for
vessels supporting the Transit Protection System Escort
Program.
Subtitle D--Counterterrorism
Sec. 1030. Clarification of procedures for use of alternate members on
military commissions.
Sec. 1031. Modification of Regional Defense Combating Terrorism
Fellowship Program reporting requirement.
Sec. 1032. Prohibition on use of funds to construct or modify
facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo
Bay, Cuba.
Sec. 1033. Requirements for certifications relating to the transfer of
detainees at United States Naval Station, Guantanamo Bay,
Cuba, to foreign countries and other foreign entities.
Sec. 1034. Prohibition on the use of funds for the transfer or release
of individuals detained at United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1035. Unclassified summary of information relating to individuals
detained at Parwan, Afghanistan.
Sec. 1036. Assessment of affiliates and adherents of al-Qaeda outside
the United States.
Sec. 1037. Designation of Department of Defense senior official for
facilitating the transfer of individuals detained at
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1038. Rank of chief prosecutor and chief defense counsel in
military commissions established to try individuals
detained at Guantanamo.
Sec. 1039. Report on capability of Yemeni government to detain,
rehabilitate, and prosecute individuals detained at
Guantanamo who are transferred to Yemen.
Sec. 1040. Report on attachment of rights to individuals detained at
Guantanamo if transferred to the United States.
Sec. 1040A. Summary of information relating to individuals detained at
Guantanamo who became leaders of foreign terrorist
groups.
Subtitle E--Sensitive Military Operations
Sec. 1041. Congressional notification of sensitive military operations.
Sec. 1042. Report on process for determining targets of lethal
operations.
Sec. 1043. Counterterrorism operational briefings.
Subtitle F--Nuclear Forces
Sec. 1051. Prohibition on elimination of the nuclear triad.
Sec. 1052. Limitation on availability of funds for reduction of nuclear
forces.
Sec. 1053. Limitation on availability of funds for reduction or
consolidation of dual-capable aircraft based in Europe.
Sec. 1054. Statement of policy on implementation of any agreement for
further arms reduction below the levels of the New START
Treaty; limitation on retirement or dismantlement of
strategic delivery systems.
Sec. 1055. Sense of congress on compliance with nuclear arms control
agreements.
Sec. 1056. Retention of capability to redeploy multiple independently
targetable reentry vehicles.
Sec. 1057. Assessment of nuclear weapons program of the People's
Republic of China.
Sec. 1058. Cost estimates for nuclear weapons.
Sec. 1059. Report on New START Treaty.
Subtitle G--Miscellaneous Authorities and Limitations
Sec. 1061. Enhancement of capacity of the United States Government to
analyze captured records.
Sec. 1062. Extension of authority to provide military transportation
services to certain other agencies at the Department of
Defense reimbursement rate.
Sec. 1063. Limitation on availability of funds for modification of
force structure of the Army.
Sec. 1064. Limitation on use of funds for public-private cooperation
activities.
Subtitle H--Studies and Reports
Sec. 1071. Oversight of combat support agencies.
Sec. 1072. Inclusion in annual report of description of interagency
coordination relating to humanitarian demining
technology.
Sec. 1073. Extension of deadline for Comptroller General report on
assignment of civilian employees of the Department of
Defense as advisors to foreign ministries of defense.
Sec. 1074. Repeal of requirement for Comptroller General assessment of
Department of Defense efficiencies.
Sec. 1075. Matters for inclusion in the assessment of the 2013
quadrennial defense review.
Sec. 1076. Review and assessment of United States Special Operations
Forces and United States Special Operations Command.
Sec. 1077. Reports on unmanned aircraft systems.
Sec. 1078. Online availability of reports submitted to Congress.
Sec. 1079. Provision of defense planning guidance and contingency
operation plan information to Congress.
Subtitle I--Other Matters
Sec. 1081. Technical and clerical amendments.
Sec. 1082. Transportation of supplies for the United States by aircraft
operated by United States air carriers.
Sec. 1083. Reduction in costs to report critical changes to major
automated information system programs.
Sec. 1084. Extension of authority of Secretary of Transportation to
issue non-premium aviation insurance.
Sec. 1085. Revision of compensation of members of the National
Commission on the Structure of the Air Force.
Sec. 1086. Protection of tier one task critical assets from
electromagnetic pulse and high-powered microwave systems.
Sec. 1087. Strategy for future military information operations
capabilities.
Sec. 1088. Compliance of military departments with minimum safe
staffing standards.
Sec. 1089. Determination and Disclosure of Transportation Costs
Incurred by Secretary of Defense for congressional trips
outside the United States.
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TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. One-year extension of authority to waive annual limitation
on premium pay and aggregate limitation on pay for
Federal civilian employees working overseas.
Sec. 1102. One-year extension of discretionary authority to grant
allowances, benefits, and gratuities to personnel on
official duty in a combat zone.
Sec. 1103. Extension of voluntary reduction-in-force authority for
civilian employees of Department of Defense.
Sec. 1104. Extension of authority to make lump-sum severance payments
to Department of Defense employees.
Sec. 1105. Revision to amount of financial assistance under Department
of Defense Science, Mathematics, and Research for
Transformation (SMART) Defense Education Program.
Sec. 1106. Extension of program for exchange of information-technology
personnel.
Sec. 1107. Defense Science Initiative for Personnel.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Modification and extension of authorities relating to
program to build the capacity of foreign military forces.
Sec. 1202. Three-year extension of authorization for non-conventional
assisted recovery capabilities.
Sec. 1203. Global Security Contingency Fund.
Sec. 1204. Codification of National Guard State Partnership Program.
Sec. 1205. Authority to conduct activities to enhance the capability of
certain foreign countries to respond to incidents
involving weapons of mass destruction in Syria and the
region.
Sec. 1206. One-year extension of authority to support foreign forces
participating in operations to disarm the Lord's
Resistance Army.
Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan
Sec. 1211. One-year extension and modification of authority for
reimbursement of certain coalition nations for support
provided to United States military operations.
Sec. 1212. One-year extension of authority to use funds for
reintegration activities in Afghanistan.
Sec. 1213. Extension of Commanders' Emergency Response Program in
Afghanistan.
Sec. 1214. Extension of authority to support operations and activities
of the Office of Security Cooperation in Iraq.
Sec. 1215. One-year extension and modification of authority for program
to develop and carry out infrastructure projects in
Afghanistan.
Sec. 1216. Special immigrant visas for certain Iraqi and Afghan allies.
Sec. 1217. Requirement to withhold Department of Defense assistance to
Afghanistan in amount equivalent to 100 percent of all
taxes assessed by Afghanistan to extent such taxes are
not reimbursed by Afghanistan.
Subtitle C--Matters Relating to Afghanistan Post 2014
Sec. 1221. Modification of report on progress toward security and
stability in Afghanistan.
Sec. 1222. Sense of Congress on United States military support in
Afghanistan.
Sec. 1223. Defense intelligence plan.
Sec. 1224. Limitation on availability of funds for certain authorities
for Afghanistan.
Subtitle D--Matters Relating to Iran
Sec. 1231. Report on United States military partnership with Gulf
Cooperation Council countries.
Sec. 1232. Additional elements in annual report on military power of
Iran.
Sec. 1233. Sense of Congress on the defense of the Arabian Gulf.
Subtitle E--Reports and Other Matters
Sec. 1241. Report on posture and readiness of United States Armed
Forces to respond to future terrorist attacks in Africa
and the Middle East.
Sec. 1242. Role of the Government of Egypt to United States national
security.
Sec. 1243. Sense of Congress on the military developments on the Korean
peninsula.
Sec. 1244. Sense of Congress on defense cooperation with Georgia.
Sec. 1245. Limitation on establishment of Regional Special Operations
Forces Coordination Centers.
Sec. 1246. Additional reports on military and security developments
involving the Democratic People's Republic of Korea.
Sec. 1247. Amendments to annual report under Arms Control and
Disarmament Act.
Sec. 1248. Limitation on funds to provide the Russian Federation with
access to certain missile defense technology.
Sec. 1249. Reports on actions to reduce support of ballistic missile
programs of China, Syria, Iran, and North Korea.
Sec. 1250. Congressional notifications relating to status of forces
agreements.
Sec. 1251. Sense of Congress on the conflict in Syria.
Sec. 1252. Revision of statutory references to former NATO support
organizations and related NATO agreements.
Sec. 1253. Limitation on funds to implement executive agreements
relating to United States missile defense capabilities.
Sec. 1254. Limitation on availability of funds for Threat Reduction
Engagement activities and United States contributions to
the Comprehensive Nuclear-Test-Ban Treaty Organization.
Sec. 1255. Sense of Congress on military-to-military cooperation
between the United States and Burma.
Sec. 1256. Sense of Congress on the stationing of United States forces
in Europe.
Sec. 1257. Sense of Congress on military capabilities of the People's
Republic of China.
Sec. 1258. Rule of construction.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Specification of cooperative threat reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Extension for use of contributions to the Cooperative Threat
Reduction Program.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. National defense sealift fund.
Sec. 1403. Chemical Agents and Munitions Destruction, Defense.
Sec. 1404. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1405. Defense Inspector General.
Sec. 1406. Defense Health Program.
Subtitle B--National Defense Stockpile
Sec. 1411. Use of National Defense Stockpile for the conservation of a
strategic and critical materials supply.
Sec. 1412. Authority to acquire additional materials for the National
Defense Stockpile.
Subtitle C--Other Matters
Sec. 1421. Authority for transfer of funds to Joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health
Care Center, Illinois.
Sec. 1422. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1423. Cemeterial expenses.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Additional Appropriations
Sec. 1501. Purpose.
Sec. 1502. Procurement.
Sec. 1503. Research, development, test, and evaluation.
Sec. 1504. Operation and maintenance.
Sec. 1505. Military personnel.
Sec. 1506. Working capital funds.
Sec. 1507. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1508. Defense Inspector General.
Sec. 1509. Defense Health Program.
Subtitle B--Financial Matters
Sec. 1521. Treatment as additional authorizations.
Sec. 1522. Special transfer authority.
Subtitle C--Limitations and Other Matters
Sec. 1531. Afghanistan Security Forces Fund.
Sec. 1532. Future role of Joint Improvised Explosive Device Defeat
Organization.
Sec. 1533. Limitation on intelligence, surveillance, and reconnaissance
support for Operation Observant Compass.
Sec. 1534. Report on United States force levels and costs of military
operations in Afghanistan.
TITLE XVI--INDUSTRIAL BASE MATTERS
Sec. 1601. Periodic audits of contracting compliance by Inspector
General of Department of Defense.
Sec. 1602. Expansion of the procurement technical assistance program to
advance small business growth.
Sec. 1603. Amendments relating to Procurement Technical Assistance
Cooperative Agreement Program.
Sec. 1604. Strategic plan for requirements for war reserve stocks of
meals ready-to-eat.
Sec. 1605. Foreign commercial satellite services.
Sec. 1606. Proof of Concept Commercialization Pilot Program.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Additional authority to carry out certain fiscal year 2004
project.
Sec. 2105. Modification of authority to carry out certain fiscal year
2010 project.
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Sec. 2106. Modification of authority to carry out certain fiscal year
2011 project.
Sec. 2107. Extension of authorizations of certain fiscal year 2010
projects.
Sec. 2108. Extension of authorizations of certain fiscal year 2011
projects.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Limitation on project authorization to carry out certain
fiscal year 2014 project.
Sec. 2206. Modification of authority to carry out certain fiscal year
2011 project.
Sec. 2207. Modification of authority to carry out certain fiscal year
2012 project.
Sec. 2208. Extension of authorizations of certain fiscal year 2011
projects.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authority to carry out certain fiscal year
2013 project.
Sec. 2306. Limitation on project authorization to carry out certain
fiscal year 2014 project.
Sec. 2307. Extension of authorization of certain fiscal year 2011
project.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Subtitle A--Defense Agency Authorizations
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Authorized energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Subtitle B--Chemical Demilitarization Authorizations
Sec. 2411. Authorization of appropriations, chemical demilitarization
construction, defense-wide.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Subtitle A--Project Authorizations and Authorization of Appropriations
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Subtitle B--Other Matters
Sec. 2611. Modification of authority to carry out certain fiscal year
2013 project.
Sec. 2612. Extension of authorizations of certain fiscal year 2011
projects.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Subtitle A--Authorization of Appropriations
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense
Base Closure Account.
Subtitle B--Other Matters
Sec. 2711. Prohibition on conducting additional Base Realignment and
Closure (BRAC) round.
Sec. 2712. Elimination of quarterly certification requirement regarding
availability of military health care in National Capital
Region.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Modification of authority to carry out unspecified minor
military construction.
Sec. 2802. Repeal of requirements for local comparability of room
patterns and floor areas for military family housing and
submission of net floor area information.
Sec. 2803. Repeal of separate authority to enter into limited
partnerships with private developers of housing.
Sec. 2804. Military construction standards to reduce vulnerability of
structures to terrorist attack.
Sec. 2805. Treatment of payments received for providing utilities and
services in connection with use of alternative authority
for acquisition and improvement of military housing.
Sec. 2806. Repeal of advance notification requirement for use of
military housing investment authority.
Sec. 2807. Additional element for annual report on military housing
privatization projects.
Sec. 2808. Extension of temporary, limited authority to use operation
and maintenance funds for construction projects in
certain areas outside the United States.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Codification of policies and requirements regarding closure
and realignment of United States military installations
in foreign countries.
Subtitle C--Energy Security
Sec. 2821. Continuation of limitation on use of funds for Leadership in
Energy and Environmental Design (LEED) gold or platinum
certification.
Subtitle D--Provisions Related to Asia-Pacific Military Realignment
Sec. 2831. Change from previous calendar year to previous fiscal year
for period covered by annual report of Interagency
Coordination Group of Inspectors General for Guam
Realignment.
Sec. 2832. Repeal of certain restrictions on realignment of Marine
Corps forces in Asia-Pacific region.
Subtitle E--Land Conveyances
Sec. 2841. Real property acquisition, Naval Base Ventura County,
California.
Sec. 2842. Land conveyance, former Oxnard Air Force Base, Ventura
County, California.
Sec. 2843. Land conveyance, Philadelphia Naval Shipyard, Philadelphia,
Pennsylvania.
Sec. 2844. Land conveyance, Camp Williams, Utah.
Sec. 2845. Conveyance, Air National Guard radar site, Francis Peak,
Wasatch Mountains, Utah.
Sec. 2846. Land conveyance, former Fort Monroe, Hampton, Virginia.
Sec. 2847. Land conveyance, Mifflin County United States Army Reserve
Center, Lewistown, Pennsylvania.
Subtitle F--Other Matters
Sec. 2861. Repeal of annual Economic Adjustment Committee reporting
requirement.
Sec. 2862. Redesignation of the Asia-Pacific Center for Security
Studies as the Daniel K. Inouye Asia-Pacific Center for
Security Studies.
Sec. 2863. Redesignation of the Graduate School of Nursing at the
Uniformed Services University of the Health Sciences as
the Daniel K. Inouye Graduate School of Nursing.
Sec. 2864. Renaming site of the Dayton Aviation Heritage National
Historical Park, Ohio.
Sec. 2865. Designation of Distinguished Flying Cross National Memorial
in Riverside, California.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
Sec. 2901. Authorized Army construction and land acquisition project.
TITLE XXX--MILITARY LAND TRANSFERS AND WITHDRAWALS TO SUPPORT READINESS
AND SECURITY
Subtitle A--Limestone Hills Training Area, Montana
Sec. 3001. Withdrawal and reservation of public lands for Limestone
Hills Training Area, Montana.
Sec. 3002. Management of withdrawn and reserved lands.
Sec. 3003. Special rules governing minerals management.
Sec. 3004. Grazing.
Sec. 3005. Duration of withdrawal and reservation.
Sec. 3006. Payments in lieu of taxes.
Sec. 3007. Hunting, fishing and trapping.
Sec. 3008. Water rights.
Sec. 3009. Brush and range fire prevention and suppression.
Sec. 3010. On-going decontamination.
Sec. 3011. Application for renewal of a withdrawal and reservation.
Sec. 3012. Limitation on subsequent availability of lands for
appropriation.
Sec. 3013. Relinquishment.
Subtitle B--White Sands Missile Range, New Mexico
Sec. 3021. Transfer of administrative jurisdiction, White Sands Missile
Range, New Mexico.
Sec. 3022. Water rights.
Sec. 3023. Withdrawal.
Subtitle C--Naval Air Weapons Station China Lake, California
Sec. 3031. Transfer of administrative jurisdiction, Naval Air Weapons
Station China Lake, California.
Sec. 3032. Water rights.
Sec. 3033. Withdrawal.
Subtitle D--Chocolate Mountain Aerial Gunnery Range, California
Sec. 3041. Transfer of administrative jurisdiction, Chocolate Mountain
Aerial Gunnery Range, California.
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Sec. 3042. Management and use of transferred land.
Sec. 3043. Realignment of range boundary and related transfer of title.
Sec. 3044. Effect of termination of military use.
Sec. 3045. Temporary extension of existing withdrawal period.
Sec. 3046. Water rights.
Subtitle E--Marine Corps Air Ground Combat Center Twentynine Palms,
California
Sec. 3051. Designation of Johnson Valley National Off-Highway Vehicle
Recreation Area.
Sec. 3052. Limited biannual Marine Corps Air Ground Combat Center
Twentynine Palms use of Johnson Valley National Off-
Highway Vehicle Recreation Area.
Sec. 3053. Transfer of administrative jurisdiction, Southern Study
Area, Marine Corps Air Ground Combat Center Twentynine
Palms, California.
Sec. 3054. Water rights.
Subtitle F--Naval Air Station Fallon, Nevada
Sec. 3061. Transfer of administrative jurisdiction, Naval Air Station
Fallon, Nevada.
Sec. 3062. Water rights.
Sec. 3063. Withdrawal.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Energy security and assurance.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Clarification of principles of National Nuclear Security
Administration.
Sec. 3112. Termination of Department of Energy employees to protect
national security.
Sec. 3113. Modification of independent cost estimates on life extension
programs and new nuclear facilities.
Sec. 3114. Plan for retrieval, treatment, and disposition of tank farm
waste at Hanford Nuclear Reservation.
Sec. 3115. Enhanced procurement authority to manage supply chain risk.
Sec. 3116. Limitation on availability of funds for National Nuclear
Security Administration.
Sec. 3117. Limitation on availability of funds for Office of the
Administrator.
Sec. 3118. Limitation on availability of funds for Global Threat
Reduction Initiative.
Sec. 3119. Establishment of Center for Security Technology, Analysis,
Testing, and Response.
Sec. 3120. Cost-benefit analyses for competition of management and
operating contracts.
Sec. 3121. W88-1 warhead and W78-1 warhead life extension options.
Sec. 3122. Extension of principles of pilot program to additional
facilities of the nuclear security enterprise.
Subtitle C--Reports
Sec. 3131. Annual report and certification on status of the security of
the nuclear security enterprise.
Sec. 3132. Modifications to annual reports regarding the condition of
the nuclear weapons stockpile.
Sec. 3133. Repeal of certain reporting requirements.
Subtitle D--Other Matters
Sec. 3141. Congressional advisory panel on the governance of the
nuclear security enterprise.
Sec. 3142. Study of potential reuse of nuclear weapon secondaries.
Sec. 3143. Clarification of role of Secretary of Energy.
Sec. 3144. Technical amendment to Atomic Energy Act of 1954.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Improvements to the Defense Nuclear Facilities Safety Board.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for national security
aspects of the Merchant Marine for fiscal year 2014.
Sec. 3502. 5-year reauthorization of vessel war risk insurance program.
Sec. 3503. Sense of Congress.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas
contingency operations.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy national security programs.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
In this Act, the term ``congressional defense committees''
has the meaning given that term in section 101(a)(16) of
title 10, United States Code.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2014 for procurement for the Army, the Navy and the
Marine Corps, the Air Force, and Defense-wide activities, as
specified in the funding table in section 4101.
Subtitle B--Army Programs
SEC. 111. LIMITATION ON AVAILABILITY OF FUNDS FOR STRYKER
VEHICLE PROGRAM.
(a) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2014
for weapons and tracked combat vehicles, Army, for the
procurement or upgrade of Stryker vehicles, not more than 75
percent may be obligated or expended until a period of 15
days has elapsed following the date on which the Secretary of
the Army submits the report under subsection (b).
(b) Report Required.--The Secretary of the Army shall
submit to the congressional defense committees a report on
the status of the Stryker vehicle spare parts inventory
located in Auburn, Washington, cited in the report of the
Inspector General of the Department of Defense (number 2013-
025) dated November 30, 2012. The report submitted under this
subsection shall include the following:
(1) The status of the implementation by the Secretary of
the recommendations specified on pages 30 to 34 of the report
by the Inspector General.
(2) The value of the parts remaining in warehouse that may
still be used by the Secretary for the repair, upgrade, or
reset of Stryker vehicles.
(3) The value of the parts remaining in the warehouse that
are no longer usable by the Secretary for the repair,
upgrade, or reset of Stryker vehicles.
(4) A cost estimate of the monthly cost of maintaining the
inventory of parts no longer usable by the Secretary.
(5) Any other matters the Secretary considers appropriate.
Subtitle C--Navy Programs
SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR E-2D AIRCRAFT
PROGRAM.
(a) Authority for Multiyear Procurement.--Subject to
section 2306b of title 10, United States Code, the Secretary
of the Navy may enter into--
(1) one or more multiyear contracts, beginning with the
fiscal year 2014 program year, for the procurement of E-2D
aircraft; and
(2) one or more multiyear contracts, beginning with the
fiscal year 2014 program year, for the procurement of mission
equipment with respect to aircraft procured under a contract
entered into under paragraph (1).
(b) Condition for Out-year Contract Payments.--A contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2014 is subject
to the availability of appropriations for that purpose for
such later fiscal year.
SEC. 122. COST LIMITATION FOR CVN-78 AIRCRAFT CARRIERS.
(a) In General.--Section 122 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364; 120 Stat. 2104) is amended to read as follows:
``SEC. 122. ADHERENCE TO NAVY COST ESTIMATES FOR CVN-78 CLASS
OF AIRCRAFT CARRIERS.
``(a) Limitation.--
``(1) Lead ship.--The total amount obligated from funds
appropriated or otherwise made available for Shipbuilding and
Conversion, Navy, or for any other procurement account, for
the aircraft carrier designated as CVN-78 may not exceed
$12,887,000,000 (as adjusted pursuant to subsection (b)).
``(2) Follow-on ships.--The total amount obligated from
funds appropriated or otherwise made available for
Shipbuilding and Conversion, Navy, or for any other
procurement account, for the construction of any ship that is
constructed in the CVN-78 class of aircraft carriers after
the lead ship of that class may not exceed $11,411,000,000
(as adjusted pursuant to subsection (b)).
``(b) Adjustment of Limitation Amount.--The Secretary of
the Navy may adjust the amount set forth in subsection (a)
for any ship constructed in the CVN-78 class of aircraft
carriers by the following:
``(1) The amounts of increases or decreases in costs
attributable to economic inflation after September 30, 2013.
[[Page H3389]]
``(2) The amounts of increases or decreases in costs
attributable to compliance with changes in Federal, State, or
local laws.
``(3) The amounts of outfitting costs and post-delivery
costs incurred for that ship.
``(4) The amounts of increases or decreases in costs of
that ship that are attributable to insertion of new
technology into that ship, as compared to the technology
baseline as it was defined in the approved acquisition
program baseline estimate of December 2005.
``(5) The amounts of increases or decreases to nonrecurring
design and engineering cost attributable to achieving
compliance with the cost limitation.
``(6) The amounts of increases or decreases to cost
required to correct deficiencies that may affect the safety
of the ship and personnel or otherwise preclude the ship from
safe operations and crew certification.
``(7) With respect to the aircraft carrier designated as
CVN-78, the amounts of increases or decreases in costs of
that ship that are attributable to the shipboard test
program.
``(c) Limitation on Technology Insertion Cost Adjustment.--
The Secretary of the Navy may use the authority under
paragraph (4) of subsection (b) to adjust the amount set
forth in subsection (a) for a ship referred to in that
subsection with respect to insertion of new technology into
that ship only if--
``(1) the Secretary determines, and certifies to the
congressional defense committees, that insertion of the new
technology would lower the life-cycle cost of the ship; or
``(2) the Secretary determines, and certifies to the
congressional defense committees, that insertion of the new
technology is required to meet an emerging threat and the
Secretary of Defense certifies to those committees that such
threat poses grave harm to national security.
``(d) Notice.--
``(1) Requirement.--The Secretary of the Navy shall submit
to the congressional defense committees each year, at the
same time that the budget is submitted under section 1105(a)
of title 31, United States Code, for the next fiscal year,
written notice of--
``(A) any change in the amount set forth in subsection (a)
during the preceding fiscal year that the Secretary has
determined to be associated with a cost referred to in
subsection (b); and
``(B) the most accurate estimate possible of the Secretary
with respect to the total cost compared to the amount set
forth in subsection (a), as adjusted by subsection (b), and
the steps the Secretary is taking to reduce the costs below
such amount.
``(2) Effective date.--The requirement in paragraph (1)
shall become effective with the budget request for the year
of procurement of the first ship referred to in subsection
(a).''.
(b) Conforming Amendment.--The table of contents at the
beginning of such Act is amended by striking the item
relating to section 122 and inserting the following:
``Sec. 122. Adherence to Navy cost estimates for CVN-78 class of
aircraft carriers.''.
Subtitle D--Air Force Programs
SEC. 131. MULTIYEAR PROCUREMENT AUTHORITY FOR MULTIPLE
VARIANTS OF THE C-130J AIRCRAFT PROGRAM.
(a) Authority for Multiyear Procurement.--Subject to
section 2306b of title 10, United States Code, the Secretary
of the Air Force may enter into--
(1) one or more multiyear contracts, beginning with the
fiscal year 2014 program year, for the procurement of
multiple variants of C-130J aircraft for the Department of
the Navy and the Department of the Air Force; and
(2) one or more multiyear contracts, beginning with the
fiscal year 2014 program year, for the procurement of mission
equipment with respect to aircraft procured under a contract
entered into under paragraph (1).
(b) Condition for Out-year Contract Payments.--A contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2014 is subject
to the availability of appropriations for that purpose for
such later fiscal year.
SEC. 132. PROHIBITION ON CANCELLATION OR MODIFICATION OF
AVIONICS MODERNIZATION PROGRAM FOR C-130
AIRCRAFT.
(a) Prohibition.--The Secretary of the Air Force may not
take any action to cancel or modify the avionics
modernization program of record for C-130 aircraft.
(b) Conforming Repeal.--Section 143 of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239;
126 Stat. 1662) is repealed.
SEC. 133. RETIREMENT OF KC-135R AIRCRAFT.
(a) Treatment of Retired KC-135R Aircraft.--Except as
provided by subsection (b) and (c), the Secretary of the Air
Force shall maintain each KC-135R aircraft that is retired by
the Secretary in a condition that would allow recall of that
aircraft to future service in the Air Force Reserve, Air
National Guard, or active forces aerial refueling force
structure.
(b) Exception.--Subsection (a) shall not apply to a KC-135R
aircraft that the Secretary transfers or sells to allies or
partner nations of the United States.
(c) Delivery of KC-46A Aircraft.--For each KC-46A aircraft
that is delivered to the Air Force and the Commander of the
Air Mobility Command initially certifies as mission capable,
the Secretary may waive the requirements of subsection (a)
with respect to one retired KC-135R aircraft.
(d) Conforming Repeal.--Section 135 of the John Warner
National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2114) is repealed.
SEC. 134. COMPETITION FOR EVOLVED EXPENDABLE LAUNCH VEHICLE
PROVIDERS.
(a) Findings.--Congress finds the following:
(1) The new acquisition strategy for the evolved expendable
launch vehicle program of the Air Force will maintain mission
assurance, reduce costs, and provide opportunities for
competition for certified launch providers.
(2) The method in which the current and potential future
certified launch providers will be evaluated in a competition
is still under development.
(b) Plan.--
(1) In general.--The Secretary of the Air Force shall
develop and implement a plan to ensure the fair evaluation of
competing contractors in awarding a contract to a certified
evolved expendable launch vehicle provider.
(2) Comparison.--The plan under paragraph (1) shall include
a description of how the following areas will be addressed in
the evaluation:
(A) The proposed cost, schedule, and performance.
(B) Mission assurance activities.
(C) The manner in which the contractor will operate under
the Federal Acquisition Regulation.
(D) The effect of other contracts in which the contractor
is entered into with the Federal Government, such as the
evolved expendable launch vehicle launch capability contract
and the space station commercial resupply services contracts.
(E) Any other areas the Secretary determines appropriate.
(c) Submission to Congress.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall--
(A) submit to the appropriate congressional committees a
report that includes the plan under subsection (b)(1); or
(B) provide to such committees a briefing on such plan.
(2) GAO review.--The Comptroller General of the United
States shall--
(A) submit to the appropriate congressional committees a
review of the plan under subsection (b)(1); or
(B) provide to such committees a briefing on such plan.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means the following:
(A) The congressional defense committees.
(B) The Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
(C) The Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
SEC. 141. MULTIYEAR PROCUREMENT AUTHORITY FOR GROUND-BASED
INTERCEPTORS.
(a) Authority for Multiyear Procurement.--Subject to
section 2306b of title 10, United States Code, the Director
of the Missile Defense Agency may enter into one or more
multiyear contracts, beginning with the fiscal year 2014
program year, for the procurement of 14 ground-based
interceptors.
(b) Authority for Advance Procurement.--The Director may
enter into one or more contracts for advance procurement
associated with the ground-based interceptors for which
authorization to enter into a multiyear procurement contract
is provided under subsection (a).
(c) Condition for Out-year Contract Payments.--A contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2014 is subject
to the availability of appropriations for that purpose for
such later fiscal year.
SEC. 142. MULTIYEAR PROCUREMENT AUTHORITY FOR TACTICAL
WHEELED VEHICLES.
(a) Authority for Multiyear Procurement.--Subject to
section 2306b of title 10, United States Code, the Secretary
of Defense may enter into one or more multiyear, multivehicle
contracts, beginning with the fiscal year 2014 program year,
for the procurement of core tactical wheeled vehicles.
(b) Condition for Out-year Contract Payments.--A contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2014 is subject
to the availability of appropriations for that purpose for
such later fiscal year.
(c) Notification Required.--Not later than 180 days after
the date of the enactment of this Act, the Secretary shall
notify the congressional defense committees of--
(1) whether the Secretary will enter into a contract under
subsection (a); and
(2) if not, an explanation for why the Secretary will not
enter into such a contract.
(d) Annual Reports.--For each fiscal year in which the
Secretary is entered into a contract under this section, the
Secretary shall submit to the congressional defense
committees, as part of the material submitted in support of
the budget of the President for such fiscal year, as
submitted to Congress pursuant to section 1105(a) of title
31, United States Code, the following:
(1) The status of procurements under such contract.
(2) A detailed analysis of any cost savings achieved for
each class of vehicle procured under such contract.
(3) A description of any challenges to the Secretary in
carrying out this section or in achieving any such cost
savings.
(4) Any recommendations for future implementation of a
program for multiyear, multi-vehicle procurement.
[[Page H3390]]
(e) Termination of Authority.--The Secretary may not enter
into a contract under this section after September 30, 2018.
During the five-year period beginning on October 1, 2018, the
Secretary may continue to carry out any contract entered into
under this section before such date using funds made
available to the Secretary for such purpose before such date.
(f) Core Tactical Vehicles Defined.--In this section, the
term ``core tactical wheeled vehicles'' means--
(1) the family of medium tactical vehicles;
(2) medium tactical wheeled vehicle replacements;
(3) the family of heavy tactical vehicles; and
(4) logistics vehicle system replacements.
SEC. 143. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT
OF RQ-4 GLOBAL HAWK UNMANNED AIRCRAFT SYSTEMS.
(a) Limitation.--None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2014 for the Department of Defense may be
obligated or expended to retire, prepare to retire, or place
in storage an RQ-4 Block 30 Global Hawk unmanned aircraft
system.
(b) Maintained Levels.--During the period preceding
December 31, 2016, in supporting the operational requirements
of the combatant commands, the Secretary of the Air Force
shall maintain the operational capability of each RQ-4 Block
30 Global Hawk unmanned aircraft system belonging to the Air
Force or delivered to the Air Force during such period.
(c) Conforming Amendment.--Section 154 of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law
112-239; 126 Stat. 1666) is amended--
(1) by striking ``(a) Limitation.--''; and
(2) by striking subsection (b).
SEC. 144. PERSONAL PROTECTION EQUIPMENT PROCUREMENT.
(a) Procurement.--The Secretary of Defense shall ensure
that personal protection equipment is procured using funds
authorized to be appropriated by section 101 and available
for such purpose as specified in the funding table in
sections 4101 and 4102.
(b) Procurement Line Item.--In the budget materials
submitted to the President by the Secretary of Defense in
connection with the submission to Congress, pursuant to
section 1105 of title 31, United States Code, of the budget
for fiscal year 2015, and each subsequent fiscal year, the
Secretary shall ensure that within each military department
procurement account, a separate, dedicated procurement line
item is designated for personal protection equipment.
(c) Personal Protection Equipment Defined.--In this
section, the term ``personal protection equipment'' means the
following:
(1) Body armor components.
(2) Combat helmets.
(3) Combat protective eyewear.
(4) Protective clothing.
(5) Other items as determined appropriate by the Secretary.
SEC. 145. REPEAL OF CERTAIN F-35 REPORTING REQUIREMENTS.
Section 122 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383;
124 Stat. 4157) is amended--
(1) by striking subsection (b); and
(2) by redesignating subsection (c) as subsection (b).
SEC. 146. STUDY ON PROCUREMENT OF PERSONAL PROTECTION
EQUIPMENT.
(a) Study.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall
enter into a contract with a federally funded research and
development center to conduct a study to identify and assess
alternative and effective means for stimulating competition
and innovation in the personal protection equipment
industrial base.
(2) Submission.--Not later than 180 days after the date of
the enactment of this Act, the federally funded research and
development center conducting the study under paragraph (1)
shall submit to the Secretary the study, including any
findings and recommendations.
(b) Report.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the study
conducted under subsection (a)(1).
(2) Matters included.--The report under paragraph (1) shall
include the following:
(A) The study, findings, and recommendations submitted to
the Secretary under subsection (a)(2).
(B) An assessment of current and future technologies that
could markedly improve body armor, including by decreasing
weight, increasing survivability, and making other relevant
improvements.
(C) An analysis of the capability of the personal
protection equipment industrial base to leverage such
technologies to produce the next generation body armor.
(D) An assessment of alternative body armor acquisition
models, including different types of contracting and
budgeting practices of the Department of Defense.
(c) Personal Protection Equipment.--In this section, the
term ``personal protection equipment'' includes body armor.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2014 for the use of the Department of Defense for
research, development, test, and evaluation as specified in
the funding table in section 4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. LIMITATION ON AVAILABILITY OF FUNDS FOR GROUND
COMBAT VEHICLE ENGINEERING AND MANUFACTURING
PHASE.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2014 for the Army
may be obligated or expended for post-Milestone B engineering
and manufacturing phase development activities for the ground
combat vehicle program until a period of 30 days has elapsed
following the date on which the Secretary of the Army submits
to the congressional defense committees a report that
includes the following:
(1) An independent assessment of the draft milestone B
documentation for the ground combat vehicle that--
(A) is performed by the Director of Cost Assessment and
Program Evaluation, the Assistant Secretary of Defense for
Research and Engineering, or other similar official; and
(B) analyzes whether there is a sufficient business case to
proceed with the engineering and manufacturing development
phase for the ground combat vehicle using only one
contractor.
(2) A certification by the Secretary that the ground combat
vehicle program has--
(A) feasible and fully-defined requirements;
(B) fully mature technologies;
(C) independent and high-confidence cost estimates;
(D) available funding; and
(E) a realistic and achievable schedule.
SEC. 212. LIMITATION ON MILESTONE A ACTIVITIES FOR UNMANNED
CARRIER-LAUNCHED SURVEILLANCE AND STRIKE SYSTEM
PROGRAM.
The Under Secretary of Defense for Acquisition, Technology,
and Logistics may not award a Milestone A technology
development contract with respect to the Unmanned Carrier-
launched Surveillance and Strike system program until a
period of 30 days has elapsed following the date on which the
Under Secretary certifies to the congressional defense
committees that the software and system engineering designs
for the control system and connectivity and aircraft carrier
segments of such program can achieve, with low level of
integration risk, successful compatibility and
interoperability with the air vehicle segment selected for
contract award with respect to such program.
SEC. 213. LIMITATION ON AVAILABILITY OF FUNDS FOR AIR FORCE
LOGISTICS TRANSFORMATION.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2014 for
procurement, Air Force, or research, development, test, and
evaluation, Air Force, for logistics information technology,
including for the expeditionary combat support system, not
more than 50 percent may be obligated or expended until the
date that is 30 days after the date on which the Secretary of
the Air Force submits to the congressional defense committees
a report on how the Secretary will modernize and update the
logistics information technology systems of the Air Force
following the cancellation of the expeditionary combat
support system. Such report shall include--
(1) strategies to--
(A) in the near term, address any gaps in capability with
respect to logistics information technology; and
(B) during the period covered by the current future-years
defense plan, provide for long-term modernization of
logistics information technology;
(2) an analysis of the root causes leading to the failure
of the expeditionary combat support system program; and
(3) a plan of action by the Secretary to ensure that the
lessons learned under such analysis are--
(A) shared throughout the Department of Defense and the
military departments; and
(B) considered in program planning for similar logistics
information technology systems.
SEC. 214. LIMITATION ON AVAILABILITY OF FUNDS FOR DEFENSIVE
CYBERSPACE OPERATIONS OF THE AIR FORCE.
(a) Limitation.-- Of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2014 for procurement, Air Force, or research,
development, test, and evaluation, Air Force, for Defensive
Cyberspace Operations (Program Element 0202088F), not more
than 90 percent may be obligated or expended until a period
of 30 days has elapsed following the date on which the
Secretary of the Air Force submits to the congressional
defense committees a report on the Application Software
Assurance Center of Excellence.
(b) Matters Included.--The report under subsection (a)
shall include the following:
(1) A description of how the Application Software Assurance
Center of Excellence is used to support the software
assurance activities of the Air Force and other elements of
the Department of Defense, including pursuant to section 933
of the National Defense Authorization Act for Fiscal Year
2013 (Public Law 112-239; 10 U.S.C. 2224 note).
(2) A description of the resources used to support the
Center of Excellence from the beginning of the Center through
fiscal year 2014.
(3) The plan of the Secretary for sustaining the Center of
Excellence during the period covered by the future-years
defense program submitted in 2013 under section 221 of title
10, United States Code.
SEC. 215. LIMITATION ON AVAILABILITY OF FUNDS FOR PRECISION
EXTENDED RANGE MUNITION PROGRAM.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2014 for the
Department of Defense, not more than 50 percent may be
obligated or expended for the precision extended range
munition program until the date on which the Under
[[Page H3391]]
Secretary of Defense for Acquisition, Technology, and
Logistics submits to the congressional defense committees
written certification that--
(1) such program is necessary to meet a valid operational
need that cannot be met by the existing precision guided
mortar munition of the Army, other indirect fire weapons, or
aerial-delivered joint fires; and
(2) a sufficient business case exists to proceed with
development and production of such program.
SEC. 216. LIMITATION ON AVAILABILITY OF FUNDS FOR THE PROGRAM
MANAGER FOR BIOMETRICS OF THE DEPARTMENT OF
DEFENSE.
(a) Limitation.-- Of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2014 for research, development, test, and
evaluation for the Department of Defense program manager for
biometrics for future biometric architectures or systems, not
more than 75 percent may be obligated or expended until a
period of 30 days has elapsed following the date on which the
Secretary of Defense submits to the congressional defense
committees a report assessing the future program structure
for biometrics oversight and execution and architectural
requirements for biometrics enabling capability.
(b) Matters Included.--The report under subsection (a)
shall include the following:
(1) An assessment of the roles and responsibilities of the
principal staff assistant for biometrics, the program manager
for biometrics, and the Biometrics Identity Management
Agency, including an analysis of alternatives to evaluate--
(A) how to better align responsibilities for the multiple
elements of the military departments and the Department of
Defense with responsibility for biometrics, including the
Navy and the Marine Corps; the Office of the Provost Marshall
General, and the intelligence community; and
(B) whether the program management responsibilities of the
Department of Defense program manager for biometrics should
be retained by the Army or transferred to another military
department or element of the Department based on the expected
future operating environment.
(2) An assessment of the current requirements for the
biometrics enabling capability to ensure the capability
continues to meet the needs of the relevant military
departments and elements of the Department of Defense based
on the future operating environment after the drawdown in
Afghanistan.
(3) An analysis of the need to merge the program management
structures and systems architecture and requirements
development process for biometrics and forensics
applications.
SEC. 217. UNMANNED COMBAT AIR SYSTEM DEMONSTRATION TESTING
REQUIREMENT.
Not later than October 1, 2014, the Secretary of the Navy
shall demonstrate, with respect to the X-47B unmanned combat
air system aircraft, the following:
(1) Unmanned autonomous rendezvous and aerial-refueling
operations using the receptacle and probe equipment of the X-
47B aircraft.
(2) The ability of such aircraft to on-load fuel from
airborne tanker aircraft using both the boom and drogue
equipment installed on the tanker aircraft.
SEC. 218. LONG-RANGE STANDOFF WEAPON REQUIREMENT.
The Secretary of the Air Force shall develop a follow-on
air-launched cruise missile to the AGM-86 that--
(2) achieves initial operating capability for both
conventional and nuclear missions by not later than 2030; and
(3) is certified for internal carriage and employment for
both conventional and nuclear missions on the next-generation
long-range strike bomber by not later than 2034.
SEC. 219. REVIEW OF SOFTWARE DEVELOPMENT FOR F-35 AIRCRAFT.
(a) Review.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall establish an
independent team consisting of subject matter experts to
review the development of software for the F-35 aircraft
program (in this section referred to as the ``software
development program''), including by reviewing the progress
made in--
(1) managing the software development program; and
(2) delivering critical software capability in accordance
with current program milestones.
(b) Report.--Not later than March 3, 2014, the Under
Secretary shall submit to the congressional defense
committees a report on the review under subsection (a). Such
report shall include the following:
(1) An assessment by the independent team with respect to
whether the software development program--
(A) has been successful in meeting the key milestone dates
occurring before the date of the report; and
(B) will be successful in meeting the established program
schedule.
(2) Any recommendations of the independent team with
respect to improving the software development program to
ensure that, in support of the start of initial operational
testing, the established program schedule is met on time.
(3) If the independent team determines that the software
development program will be unable to deliver the full
complement of software within the established program
schedule, any potential alternatives that the independent
team considers appropriate to deliver such software within
such schedule.
SEC. 220. EVALUATION AND ASSESSMENT OF THE DISTRIBUTED COMMON
GROUND SYSTEM.
(a) Project Codes for Budget Submissions.--In the budget
transmitted by the President to Congress under section 1105
of title 31, United States Code, for fiscal year 2015 and
each subsequent fiscal year, each capability component within
the distributed common ground system program shall be set
forth as a separate project code within the program element
line, and each covered official shall submit supporting
justification for the project code within the program element
descriptive summary.
(b) Analysis.--
(1) Requirement.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall conduct an
analysis of commercial link analysis tools that are compliant
with the intelligence community data standards and could be
used to meet the requirements of the distributed common
ground system program.
(2) Elements.--The analysis required under paragraph (1)
shall include the following:
(A) Revalidation of the distributed common ground system
program requirements for link analysis tools based on current
program needs, recent operational experience, and the
requirement for nonproprietary solutions that adhere to open-
architecture principles.
(B) Market research of current commercially available link
analysis tools to determine which tools, if any, could
potentially satisfy the requirements described in
subparagraph (A).
(C) Analysis of the competitive acquisition options for any
commercially available link analysis tools identified in
subparagraph (B).
(3) Submission.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary shall submit
to the congressional defense committees the results of the
analysis conducted under paragraph (1).
(c) Competition Required.--
(1) In general.--Except as provided by paragraph (3), if
the Under Secretary identifies one or more commercial link
analysis tools under subsection (b) (other than such tools
offered by the current technology provider) that meet the
requirements for the distributed common ground system
program, including the requirement for nonproprietary
solutions that adhere to open-architecture principles, each
covered official shall initiate a request for proposals for
such link analysis tools by not later than 180 days after the
Under Secretary makes such identification. Such a request for
proposals shall be based on market research and competitive
procedures in accordance with applicable law and the Defense
Federal Acquisition Regulation Supplement.
(2) Notification.--Each covered official shall submit to
the congressional defense committees written notification of
any request for proposals issued under paragraph (1) by not
later than 30 days after such request is issued.
(3) Waiver of rfp timeline.--If a covered official
determines that issuing a request for proposals by the date
specified in paragraph (1) would not be aligned with the
acquisition or developmental milestones of the distributed
common ground station program, the covered official may waive
the requirement to issue such a request for proposals by such
date if the covered official submits to the congressional
defense committees a written notification of such waiver that
includes--
(A) the reasons for making such a waiver; and
(B) identification of when in the acquisition timeline of
such program that the covered official plans to issue the
request for proposals.
(d) Covered Official Defined.--In this section, the term
``covered official'' means the following:
(1) The Secretary of the Army, with respect to matters
concerning the Army.
(2) The Secretary of the Navy, with respect to matters
concerning the Navy.
(3) The Secretary of the Air Force, with respect to matters
concerning the Air Force.
(4) The Commandant of the Marine Corps, with respect to
matters concerning the Marine Corps.
(5) The Commander of the United States Special Operations
Command, with respect to matters concerning the United States
Special Operations Command.
SEC. 221. REQUIREMENT TO COMPLETE INDIVIDUAL CARBINE TESTING.
The Secretary of the Army may not cancel the individual
carbine program unless the Secretary--
(1) completes the Phase III down-select and user-evaluation
phase of the individual carbine competitors;
(2) conducts the required comprehensive business case
analysis of such program; and
(3) submits to the congressional defense committees--
(A) the results of the down-select and user evaluation
described in paragraph (1); and
(B) the business case analysis described in paragraph (2).
SEC. 222. ESTABLISHMENT OF FUNDING LINE AND FIELDING PLAN FOR
NAVY LASER WEAPON SYSTEM.
(a) In General.--The Secretary shall ensure that each
future-years defense program submitted to Congress under
section 221 of title 10, United States Code, that covers any
of fiscal years 2018 through 2028 includes a funding line and
fielding plan for a Navy laser weapon system with respect to
such fiscal years.
(b) Alternative Report.--If the Secretary determines that
the technology and maturation efforts of a Navy laser weapon
system conducted prior to fiscal year 2016 do not indicate
that suitable technology warranting a program of record for
such system will be available by 2018, the Secretary may
waive the requirements of subsection (a) if the Secretary
submits to the congressional defense committees written
justification of such determination, including a description
of the technical shortcomings of such system, by not later
than March 30, 2016.
[[Page H3392]]
SEC. 223. SENSE OF CONGRESS ON IMPORTANCE OF ALIGNING COMMON
MISSILE COMPARTMENT OF OHIO-CLASS REPLACEMENT
PROGRAM WITH THE UNITED KINGDOM'S VANGUARD
SUCCESSOR PROGRAM.
(a) Findings.--Congress finds the following:
(1) The Polaris Sales Agreement of 1963 formally arranged
for the Polaris missile system to be purchased by the United
Kingdom for its submarines. It was extended in 1982 to
include the Trident missile system and this agreement
continues to underpin the independent nuclear deterrent of
the United Kingdom.
(2) April 2013 marked the 50-year anniversary of the
agreement.
(3) Since the inception of the agreement, the agreement has
been a tremendous success and provided great benefits to both
nations by creating major cost savings, stronger nuclear
deterrence, and a stronger alliance.
(4) The Ohio-class ballistic missile submarine replacement
of the United States and the Vanguard-class ballistic missile
successor of the United Kingdom will share a common missile
compartment and the Trident II/D5 strategic weapon system.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense and the Secretary of the Navy should
make every effort to ensure that the common missile
compartment associated with the Ohio-class ballistic missile
submarine replacement program stays on schedule and is
aligned with the Vanguard-successor program of the United
Kingdom in order for the United States to fulfill its
longstanding commitment to our ally and partner in sea-based
strategic deterrence.
SEC. 224. SENSE OF CONGRESS ON COUNTER-ELECTRONICS HIGH POWER
MICROWAVE MISSILE PROJECT.
It is the sense of the Congress that--
(1) following the successful joint technology capability
demonstration that the counter-electronics high power
microwave missile project (in this section referred to as
``CHAMP'') conducted last year, the Air Force should examine
the results of the demonstration and consider the
demonstration as a potential solution during any analysis of
alternatives conducted in 2014;
(2) an analysis of alternatives is an important step in the
long term-term development of a high power microwave weapon;
(3) additionally, a near-term option may be available to
get such capability to commanders of the combatant commands
should the capability be required;
(4) the Secretary of the Air Force should pursue both near-
and long-term high power microwave weapon systems;
(5) CHAMP could be developed as a cruise missile delivered
weapon with target availability to commanders of the
combatant commands by 2016; and
(6) such development should not prohibit or divert
resources from an analysis of alternatives and long-term
development of a high power microwave weapon.
Subtitle C--Missile Defense Programs
SEC. 231. PROHIBITION ON USE OF FUNDS FOR MEADS PROGRAM.
(a) Prohibition.--None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2014 for the Department of Defense may be
obligated or expended for the medium extended air defense
system.
(b) Harvesting Technology.--
(1) Notice and wait.--The Secretary of Defense may not
carry out actions described in paragraph (2) until a period
of 120 days has elapsed following the date on which the
Secretary notifies the congressional defense committees of
the plans of the Secretary to carry out such actions.
(2) Actions described.--Actions described in this paragraph
are actions relating to harvesting technology of the medium
extended air defense system.
(c) Report.--
(1) In general.--Not later than February 15, 2014, the
Secretary of the Army shall submit to the congressional
defense committees a report on the opportunities to harvest
technology of the medium extended air defense system to
modernize the various air and missile defense systems and
integrated architecture of the Army, based on the report
required by section 226 of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat.
1678).
(2) Matters included.--The report under paragraph (1) shall
include the following:
(A) A review of current Army and joint requirements to
which any harvested technology of the medium extended air
defense system might be applied.
(B) The timeline of the Secretary for completion of an
analysis of alternatives to technologies and systems being
considered for harvesting.
(C) An overview of the planned acquisition strategy for any
major systems being considered for harvesting and for
insertion into the integrated air and missile defense
architecture.
(d) Application.--The prohibition in subsection (a) may not
be superseded except by a provision of law that specifically
supersedes, repeals, or modifies such subsection.
SEC. 232. ADDITIONAL MISSILE DEFENSE SITE IN THE UNITED
STATES FOR OPTIMIZED PROTECTION OF THE
HOMELAND.
(a) Findings.--Congress makes the following findings:
(1) President George W. Bush and President Barack Obama
have each recognized the necessity for an additional measure
of protection-beyond missile defense sites in Alaska and
California-for defending the United States against
intercontinental ballistic missile (ICBM) threats emanating
from the Middle East.
(2) General Jacoby, the Commander of the United States
Northern Command, testified before Congress that ``we should
consider that Iran has a capability within the next few years
of flight testing ICBM capable technologies'' and that ``the
Iranians are intent on developing an ICBM''.
(3) General Kehler, the Commander of the United States
Strategic Command, testified before Congress that ``I am
confident that we can defend against a limited attack from
Iran, although we are not in the most optimum posture to do
that today. . .it doesn't provide total defense today''.
(4) General Jacoby also testified before Congress that ``I
would agree that a third site, wherever the decision is to
build a third site, would give me better weapons access,
increased GBI inventory and allow us the battle space to more
optimize our defense against future threats from Iran and
North Korea''.
(5) Section 227 of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1678)
directs the Missile Defense Agency--
(A) to conduct environmental impact studies for three
potential locations for an additional missile defense site
capable of protecting the homeland; and
(B) to develop a contingency plan in case the President
determines to proceed with deployment of such an additional
site.
(6) According the Missile Defense Agency, the cost to
deploy up to 20 ground-based interceptors (GBIs) at a new
missile defense site on the East Coast of the United States
is approximately $3,000,000,000 and would require
approximately 5 to 6 years to complete.
(b) Additional Missile Defense Site.--
(1) In general.--The Missile Defense Agency shall construct
and make operational in fiscal year 2018 an additional
homeland missile defense site capable of protecting the
homeland, designed to complement existing sites in Alaska and
California, to deal more effectively with the long-range
ballistic missile threat from the Middle East.
(2) Requirement in addition to other required activities
regarding missile defense sites.--The Missile Defense Agency
shall carry out the requirement in paragraph (1) to construct
and deploy an additional homeland missile defense site
(including any advance procurement and engineering and design
in connection with such site) while continuing to meet the
requirement to prepare environmental impact statements and a
contingency plan under section 227 of the National Defense
Authorization Act for Fiscal Year 2013 for the missile
defense sites described in that section.
(3) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Missile Defense
Agency shall submit to Congress a report on the missile
defense site required to be constructed and deployed under
paragraph (1). The report shall include a description of the
current estimate of the funding to be required for
construction and deployment of the missile defense site,
including for advance procurement, engineering and design,
materials and construction, interceptor missiles, and
sensors.
SEC. 233. LIMITATION ON REMOVAL OF MISSILE DEFENSE EQUIPMENT
FROM EAST ASIA.
(a) Policy.--It is the policy of the United States that--
(1) the missile defenses of the United States provide
defense against multiple threats, including threats to the
United States, allies of the United States, and the deployed
forces of the United States; and
(2) the elimination of one threat, for example the illegal
nuclear weapons program of a rogue state, does not eliminate
the reason the United States deploys missile defenses to a
particular region, including to defend allies of the United
States and deployed forces of the United States from other
regional threats.
(b) Limitation.--Except as provided by subsection (c) or
(d), none of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2014 or any
fiscal year thereafter may be obligated or expended to remove
missile defense equipment of the United States from East Asia
until a period of 180 days has elapsed following the date on
which the President certifies to the congressional defense
committees the following:
(1) Each country in East Asia that poses a threat to allies
of the United States has verifiably dismantled the nuclear
weapons and ballistic missile programs of such country.
(2) The President has consulted with such allies with
respect to the dismantlement described in paragraph (1)
that--
(A) such dismantlement has occurred; and
(B) the missile defense platforms of the United States
located in East Asia are no longer needed.
(c) Waiver.--The President may waive the limitation in
subsection (b) with respect to removing missile defense
equipment of the United States from East Asia if--
(1) the President submits to the congressional defense
committees--
(A) a certification that such waiver is in the national
security interest of the United States; and
(B) a report, in unclassified form, explaining--
(i) why the President cannot make a certification for such
removal under subsection (b);
(ii) the national security interest covered by the
certification made under subparagraph (A); and
(iii) how the President will provide a commensurate level
of defense for the United States, allies of the United
States, and deployed forces of the United States, as provided
by such missile defense equipment being removed; and
(2) a period of 30 days has elapsed following the date on
which the President submits the information under paragraph
(1).
[[Page H3393]]
(d) Exception.--The limitation in subsection (b) shall not
apply to destroyers and cruisers of the Navy equipped with
the Aegis ballistic missile defense system.
SEC. 234. IMPROVEMENTS TO ACQUISITION ACCOUNTABILITY REPORTS
ON BALLISTIC MISSILE DEFENSE SYSTEM.
(a) In General.--Section 225 of title 10, United States
Code, is amended--
(1) in subsection (b)(3)(A), by inserting ``comprehensive''
before ``life-cycle''; and
(2) by adding at the end the following:
``(e) Quality of Cost Estimates.--(1) The Director shall
ensure that each cost estimate included in an acquisition
baseline pursuant to subsection (b)(3) includes all operation
and support costs, regardless of funding source, for which
the Director is responsible.
``(2) In each such baseline submitted to the congressional
defense committees, the Director shall state whether the
underlying cost estimates in such baseline meet the criteria
of the Comptroller General of the United States to be
considered a high-quality estimate. If the Director states
that such estimates do not meet such criteria, the Director
shall include in such baseline the actions, including a
schedule, that the Director plans to carry out for the
estimates to meet such criteria.''.
(b) Report.--Not later than February 15, 2014, the Director
of the Missile Defense Agency shall submit to the
congressional defense committees a report of the plans and
schedule of the Director with respect to when the Director
will meet the quality and criteria of cost estimates required
by section 225(e) of title 10, United States Code, as added
by subsection (a)(2).
SEC. 235. ANALYSIS OF ALTERNATIVES FOR SUCCESSOR TO PRECISION
TRACKING SPACE SYSTEM.
(a) Analysis of Alternatives Required.--
(1) In general.--The Director of the Missile Defense
Agency, in cooperation with the Director of Cost Assessment
and Program Evaluation and the Defense Space Council, shall
perform an analysis of alternatives for a successor to the
precision tracking space system.
(2) Consideration.--The Director shall ensure that the
analysis of alternatives under paragraph (1) considers the
following:
(A) Current and future terrestrial, airborne, and space
capabilities and capability gaps for missile defense sensing
requirements.
(B) Current and planned overhead persistent infrared
architecture and the potential for the future exploitability
of such architecture.
(C) Lessons learned from the space tracking and
surveillance system and precision tracking space system
technology development programs.
(D) Opinions of private industry based on the experience of
such industry with delivering space capabilities.
(E) Opportunities for such successor system to contribute
to nonmissile defense missions with unmet requirements,
including space situational awareness.
(3) Role of other departments.--In conducting the analysis
of alternatives under paragraph (1), the Director shall
compare the advantages and disadvantages, including in terms
of costs, with respect to the Director--
(A) developing a successor to the precision tracking space
system solely for the Missile Defense Agency; and
(B) cooperating with other heads of departments and
agencies of the United States to develop space systems that
are multi-mission, including by hosting payloads.
(b) Submission Required.--
(1) Terms of reference.--Not later than 60 days after the
date of the enactment of this Act, the Director shall submit
to the congressional defense committees the terms of
reference of the analysis of alternatives performed under
subsection (a)(1).
(2) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director shall submit to the
congressional defense committees a report including--
(A) the analysis of alternatives for a successor to the
precision tracking space system performed under subsection
(a)(1); and
(B) a description of the potential platforms on which a
hosted payload could be hosted.
(3) Form.--The report required by paragraph (2) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Conforming Repeal.--Section 224 of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239;
126 Stat. 1675) is repealed.
SEC. 236. PLAN TO IMPROVE ORGANIC KILL ASSESSMENT CAPABILITY
OF THE GROUND-BASED MIDCOURSE DEFENSE SYSTEM.
(a) Organic Kill Assessment Capability.--The Director of
the Missile Defense Agency and the Commander of the United
States Northern Command, in consultation with the Commander
of the United States Strategic Command, shall jointly
develop--
(1) options to achieve an organic kill assessment
capability for the ground-based midcourse defense system that
can be developed by not later than December 31, 2019,
including by improving the command, control, battle
management, and communications program and the sensor and
communications architecture of the Agency; and
(2) a plan to carry out such options that gives priority to
including such capabilities in at least some of the 14
ground-based interceptors that will be procured by the
Director, as announced by the Secretary of Defense on March
15, 2013.
(b) Improved Hit Assessment.--The Director and the
Commander of the United States Northern Command, in
consultation with the Commander of the United States
Strategic Command, shall jointly develop an interim
capability for improved hit assessment for the ground-based
midcourse defense system that can be integrated into near-
term enhanced kill vehicle upgrades and refurbishment.
(c) Submission to Congress.--Not later than March 15, 2014,
the Director and the Commander of the United States Northern
Command shall jointly submit to the congressional defense
committees a report on--
(1) the development of an organic kill assessment
capability under subsection (a), including the plan developed
under paragraph (2) of such subsection; and
(2) the development of an interim capability for improved
hit assessment under subsection (b).
SEC. 237. AVAILABILITY OF FUNDS FOR IRON DOME SHORT-RANGE
ROCKET DEFENSE PROGRAM.
Of the funds authorized to be appropriated for fiscal year
2014 by section 201 for research, development, test, and
evaluation, Defense-wide, and available for the Missile
Defense Agency, $15,000,000 may be obligated or expended for
enhancing the capability for producing the Iron Dome short-
range rocket defense program in the United States, including
for infrastructure, tooling, transferring data, special test
equipment, and related components.
SEC. 238. NATO AND THE PHASED, ADAPTIVE APPROACH TO MISSILE
DEFENSE IN EUROPE.
(a) NATO Funding.--
(1) Phase i of epaa.--Not later than 60 days after the date
of the enactment of this Act, the President shall consult
with the North Atlantic Council and the Secretary General of
the North Atlantic Treaty Organization (in this section
referred to as ``NATO'') on--
(A) the funding of the phased, adaptive approach to missile
defense in Europe; and
(B) establishing a plan for NATO to provide at least 50
percent of the infrastructure and operations and maintenance
costs of phase I of the phased, adaptive approach to missile
defense in Europe.
(2) Phases ii and iii of epaa.--The President shall use the
NATO Military Common-Funded Resources process to seek to fund
at least 50 percent of the costs for phases II and III of the
phased, adaptive approach to missile defense in Europe.
(3) Reports.--Not later than 180 days after the date of the
enactment of this Act, and each 180-day period thereafter,
the President shall submit to the congressional defense
committees, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of
the Senate a report on the funding provided by NATO pursuant
to paragraphs (1) and (2).
(b) Interceptors.--If the Secretary of Defense determines
that it is useful to the interests of the United States, the
Secretary shall seek to engage with members of NATO to
establish a NATO common pool of Aegis standard missile-3
block IA, standard missile-3 block IB, and standard missile-3
block IIA interceptors to defend NATO members through the
phased, adaptive approach to missile defense in Europe.
SEC. 239. SENSE OF CONGRESS ON PROCUREMENT OF CAPABILITY
ENHANCEMENT II EXOATMOSPHERIC KILL VEHICLE.
It is the sense of Congress that the Secretary of Defense
should not procure a Capability Enhancement II exoatmospheric
kill vehicle for deployment until after the date on which a
successful operational flight test of the Capability
Enhancement II ground-based interceptor has occurred unless
such procurement is for test assets or to maintain a warm
line for the industrial base.
SEC. 240. SENSE OF CONGRESS ON 30TH ANNIVERSARY OF THE
STRATEGIC DEFENSE INITIATIVE.
(a) Findings.--Congress finds the following:
(1) President Ronald Reagan in March 1983, in a speech from
the oval office, laid the corner stone for a long-term
research and development program to begin to achieve our
ultimate goal of eliminating the threat posed by strategic
nuclear missiles.
(2) President Reagan stated, ``I've become more and more
deeply convinced that the human spirit must be capable of
rising above dealing with other nations and human beings by
threatening their existence. . . What if free people could
live secure in the knowledge that their security did not rest
upon the threat of instant U.S. retaliation to deter a Soviet
attack, that we could intercept and destroy strategic
ballistic missiles before they reached our own soil or that
of our allies?''.
(3) The Strategic Defense Initiative, also known as ``Star
Wars'', challenged the nation to accomplish the impossible by
moving beyond the obvious possibilities of the day to set the
United States and our allies up for success.
(4) In 1999, the Ballistic Missile Defense Organization
(BMDO), National Missile Defense (NMD) prototype interceptor
successfully demonstrated ``hit-to-kill'' technology
intercepting a modified Minuteman intercontinental Ballistic
Missile (ICBM).
(5) Congress passed the National Missile Defense Act of
1999 (Public Law 106-38) (signed by President Clinton), which
stated, ``It is the policy of the United States to deploy, as
soon as is technologically possible, an effective National
Missile Defense system capable of defending the territory of
the United States against limited ballistic missile attack
(whether accidental, unauthorized, or deliberate)''.
(6) On December 13, 2001, President George W. Bush
announced ``I have concluded the ABM treaty hinders our
government's ability to develop ways to protect our people
from future terrorist or rogue state missile attacks''.
(7) Russian President Vladimir Putin said the move was
``not a threat to the security of the Russian Federation''.
(8) Since 2001, the United States has deployed considerable
Missile Defense capability: 30 ground-based interceptors
defending the continental U.S. today; 32 Aegis BMD ships; 113
SM-
[[Page H3394]]
3 IA interceptors; 25 SM-3 IB interceptors; 3 THAAD batteries
and 89 interceptors; and 8 AN/TPY-2 forward-based sensors.
(9) The United States has partnerships with 22 nations, and
the North Atlantic Treaty Organization (NATO), for missile
defense cooperation. Likewise, India and South Korea are
developing missile defenses and the Russian Federation and
People's Republic of China are also developing and improving
missile defenses.
(10) Since 2001 when they began development, United States
missile defenses have had a test record of 58 of 73 hit-to-
kill intercept attempts and have been successful across all
programs of the integrated system, including Aegis Ballistic
Missile Defense (BMD), Ground-based Midcourse Defense (GMD),
Terminal High Altitude Area Defense (THAAD), and PATRIOT
Advanced Capability-3.
(11) In July of 2004, the United States missile defense
system was declared operational with limited capability.
Since that time, it has offered defense against limited
threats to the continental United States.
(12) The United States has cooperatively developed with our
Israeli allies a number of missile defense systems including
Arrow, Arrow 3 and David's Sling, systems which will
protector our Israeli allies and contribute technology and
expertise to U.S. systems.
(13) The United States in support of NATO deployed a
Patriot missile battery to defend the population and
territory of Turkey and provide material support for Article
V of the North Atlantic Treaty in the event of spillover from
the Syrian civil war and has deployed Phase I of the European
Phased Adaptive Approach, which includes a transportable x-
band radar array and an on-station AEGIS ballistic missile
defense ship armed with Standard Missile 3 block IA missile
interceptors.
(14) When United States territory, deployed forces and
allies were threatened by North Korean ballistic missiles the
United States had the operational capability and national
will to deploy THAAD units to Guam to provide a defensive
shield.
(15) The United States continues to work jointly with Japan
to improve the Navy Aegis Ballistic Missile Defense (BMD)
which in addition to providing missile defense in the Pacific
is also a keystone in the Phased Adaptive Approach for
European missile defense.
(16) On-going research and development under the auspices
of the Missile Defense Agency will continue to expand the
technology envelope to deploy a layered missile defense
system capable of defending the homeland, our military forces
deployed overseas, friendly nations and our allies against
all ballistic missiles from launch and orbit to reentry.
(17) A credible ballistic missile defense system is
critical to the national defense of the United States.
(b) Sense of Congress.--Congress--
(1) recognizes the inspiring leadership of President Ronald
Reagan to ``maintain the peace through strength'';
(2) recognizes the enduring obligation President as
Commander in Chief to`` preserve, protect, and defend the
Constitution'';
(3) commemorates the vision of President Reagan on the 30th
anniversary of the Strategic Defense Initiative;
(4) believes that it is imperative that the United States
continue fielding a robust missile defense system, including
additional ground based interceptors; and
(5) commits to supporting continued investments in future
missile defense capabilities and emerging technologies such
as directed energy and railguns.
Subtitle D--Reports
SEC. 251. ANNUAL COMPTROLLER GENERAL REPORT ON THE AMPHIBIOUS
COMBAT VEHICLE ACQUISITION PROGRAM.
(a) Annual GAO Review.--During the period beginning on the
date of the enactment of this Act and ending on March 1,
2018, the Comptroller General of the United States shall
conduct an annual review of the amphibious combat vehicle
acquisition program.
(b) Annual Reports.--
(1) In general.--Not later than March 1 of each year
beginning in 2014 and ending in 2018, the Comptroller General
shall submit to the congressional defense committees a report
on the review of the amphibious combat vehicle acquisition
program conducted under subsection (a).
(2) Matters to be included.--Each report under paragraph
(1) shall include the following:
(A) The extent to which the program is meeting development
and procurement cost, schedule, performance, and risk
mitigation goals.
(B) With respect to meeting the desired initial operational
capability and full operational capability dates for the
amphibious combat vehicle, the progress and results of--
(i) developmental and operational testing of the vehicle;
and
(ii) plans for correcting deficiencies in vehicle
performance, operational effectiveness, reliability,
suitability, and safety.
(C) An assessment of procurement plans, production results,
and efforts to improve manufacturing efficiency and supplier
performance.
(D) An assessment of the acquisition strategy of the
amphibious combat vehicle, including whether such strategy is
in compliance with acquisition management best-practices and
the acquisition policy and regulations of the Department of
Defense.
(E) An assessment of the projected operations and support
costs and the viability of the Marine Corps to afford to
operate and sustain the amphibious combat vehicle.
(3) Additional information.--In submitting to the
congressional defense committees the first report under
paragraph (1) and a report following any changes made by the
Secretary of the Navy to the baseline documentation of the
amphibious combat vehicle acquisition program, the
Comptroller General shall include, with respect to such
program, an assessment of the sufficiency and objectivity
of--
(A) the analysis of alternatives;
(B) the initial capabilities document; and
(C) the capabilities development document.
SEC. 252. REPORT ON STRATEGY TO IMPROVE BODY ARMOR.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on the
comprehensive research and development strategy of the
Secretary to achieve significant reductions in the weight of
body armor.
(b) Matters Included.--The report under subsection (a)
shall include the following:
(1) A brief description of each solution for body armor
weight reduction that is being developed as of the date of
the report.
(2) For each such solution--
(A) the costs, schedules, and performance requirements;
(B) the research and development funding profile;
(C) a description of the materials being used in the
solution; and
(D) the feasibility and technology readiness levels of the
solution and the materials.
(3) A strategy to provide resources for future research and
development of body armor weight reduction.
(4) An explanation of how the Secretary is using a modular
or tailorable solution to approach body armor weight
reduction.
(5) A description of how the Secretary coordinates the
research and development of body armor weight reduction being
carried out by the military departments.
(6) Any other matter the Secretary considers appropriate.
SEC. 253. REPORT ON MAIN BATTLE TANK FUEL EFFICIENCY
INITIATIVE.
Not later than 60 days after the date of the enactment of
this Act, the Secretary of the Army shall submit to the
congressional defense committees a report on the investment
strategy to accelerate fuel efficiency improvements to the
current engine and transmission of the M1 Abrams series main
battle tank as part of the Army's Engineering Change Proposal
Phase I strategy.
SEC. 254. REPORT ON POWERED RAIL SYSTEM.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
the powered rail system compared to currently fielded
solutions. Such report shall include each of the following:
(1) Verification of relevant studies previously conducted
by the Army, including that of the Maneuver Center of
Excellence, which show that a typical infantry platoon
requires approximately 430 pounds of batteries for a 72-hour
mission, or roughly 10 pounds per soldier, and that the per-
soldier, per-year procurement, storage, transport and
disposal costs of these batteries are between $50,000 and
$65,000.
(2) An assessment of the comparative total cost of
ownership, including procurement, fielding, training, and
sustainment of the existing rail system and associated rail-
mounted devices with respect to battery types and usage, when
compared to that of a powered rail or intelligent rail system
with a consolidated power source.
(3) An assessment of the specific effects of excessive
battery weight on soldier mobility, endurance and lethality
determined through side-by-side time, endurance, motion and
lethality tests between soldiers operating with existing
rail-mounted weapon accessories and soldiers using the
powered rail or intelligent rail solution.
(4) An assessment of the advantages to the Army of
incorporating the high-speed communications capability
embedded in the powered rail or intelligent rail technology,
including the integration of existing Army devices and
devices in development such as the family of weapons sights
and the enhanced night vision goggles, with the powered rail
technology, and the connection of these previously
unconnected devices to the soldier network.
(b) Testing.--Any testing conducted in order to produce the
report required by subsection (a) shall be supervised and
validated by the Director of Operational Test and Evaluation
of the Department of Defense.
Subtitle E--Other Matters
SEC. 261. ESTABLISHMENT OF CRYPTOGRAPHIC MODERNIZATION REVIEW
AND ADVISORY BOARD.
(a) In General.--Chapter 7 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 189. Cryptographic Modernization Review and Advisory
Board
``(a) Establishment.--There shall be in the Department of
Defense a Cryptographic Modernization Review and Advisory
Board (in this section referred to as the `Board') to review
and assess the cryptographic modernization activities of the
Department and provide advice to the Secretary with respect
to such activities pursuant to the roles and responsibilities
outlined in the Chairman of the Joint Chiefs of Staff
Instruction 6510.02D.
``(b) Members.--(1) The Secretary shall determine the
number of members of the Board.
``(2) The Secretary shall appoint officers in the grade of
general or admiral and civilian employees of the Department
of Defense in the Senior Executive Service to serve as
members of the Board.
``(c) Responsibilities.--The Board shall--
``(1) review compliance with cease-use dates for specific
cryptographic systems based on rigorous analysis of technical
and threat factors and issue guidance, as needed, to relevant
program executive offices and program managers;
[[Page H3395]]
``(2) monitor the overall cryptographic modernization
efforts of the Department, including while such efforts are
being executed;
``(3) convene in-depth technical program reviews, as
needed, for specific cryptographic modernization developments
with respect to validating current and in-draft requirements
of systems of the Department of Defense and identifying
programmatic risks;
``(4) develop a five-year cryptographic modernization plan
to--
``(A) make recommendations to the Joint Requirements
Oversight Council with respect to updating or modifying
requirements for cryptographic modernization; and
``(B) identify previously unidentified requirements;
``(5) develop a long-term roadmap to--
``(A) ensure synchronization with major planning documents;
``(B) anticipate risks and issues in 10- and 20-year
timelines; and
``(C) ensure that the expertise and insights of the
military departments, Defense Agencies, the combatant
commands, industry, academia, and key allies are included in
the course of developing and carrying out cryptographic
modernization activities;
``(6) develop a concept of operations for how cryptographic
systems should function in a system-of-systems environment;
and
``(7) advise the Secretary on the development of a
cryptographic asset visibility system.
``(d) Exclusion of Certain Programs.--The Board shall not
include programs funded under the National Intelligence
Program (as defined in section 3(6) of the National Security
Act of 1947 (50 U.S.C. 3003(6))) in carrying out this
section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding after the item
relating to section 188 the following new item:
``189. Cryptographic Modernization Review and Advisory Board.''.
SEC. 262. CLARIFICATION OF ELIGIBILITY OF A STATE TO
PARTICIPATE IN DEFENSE EXPERIMENTAL PROGRAM TO
STIMULATE COMPETITIVE RESEARCH.
Subparagraph (A) of section 257(d)(2) of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law
103-337; 10 U.S.C. 2358 note) is amended to read as follows:
``(A) the State is eligible for the experimental program to
stimulate competitive research under section 113 of the
National Science Foundation Authorization Act of 1988 (42
U.S.C. 1862g); and''.
SEC. 263. EXTENSION AND EXPANSION OF MECHANISMS TO PROVIDE
FUNDS FOR DEFENSE LABORATORIES FOR RESEARCH AND
DEVELOPMENT OF TECHNOLOGIES FOR MILITARY
MISSIONS.
(a) Clarification of Availability of Funds.--Section 219 of
the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (10 U.S.C. 2358 note) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Availability of Funds for Infrastructure
Revitalization Projects.--
``(1) In general.--Subject to the provisions of this
subsection, funds available under a mechanism under
subsection (a) for specific laboratory infrastructure
revitalization projects shall be available for such projects
until expended.
``(2) Prior notice of costs of projects.--Funds shall be
available in accordance with paragraph (1) for a project
referred to in that paragraph only if the congressional
defense committees are notified of the total cost of the
project before the commencement of the project.
``(3) Accumulation of funds for projects.--Funds may
accumulate under a mechanism under subsection (a) for a
project referred to in paragraph (1) for not more than five
years.
``(4) Limitation on total cost of project.--Funds shall be
available in accordance with paragraph (1) for a project
referred to in that paragraph only if the cost of the project
does not exceed $4,000,000.''.
(b) Extension.--Subsection (d) of such section, as
redesignated by subsection (a)(1) of this section, is amended
by striking ``September 30, 2016'' and inserting ``September
30, 2020''.
(c) Application.--Subsection (b) of section 219 of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (10 U.S.C. 2358 note), as added by subsection
(a)(2), shall apply with respect to funds made available
under such section 219 after the date of the enactment of
this Act.
SEC. 264. EXTENSION OF AUTHORITY TO AWARD PRIZES FOR ADVANCED
TECHNOLOGY ACHIEVEMENTS.
Section 2374a(f) of chapter 139 of title 10, United States
Code, is amended by striking ``September 30, 2013'' and
inserting ``September 30, 2018''.
SEC. 265. FIVE-YEAR EXTENSION OF PILOT PROGRAM TO INCLUDE
TECHNOLOGY PROTECTION FEATURES DURING RESEARCH
AND DEVELOPMENT OF CERTAIN DEFENSE SYSTEMS.
Section 243(d) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383;
10 U.S.C. 2358 note) is amended by striking ``October 1,
2015'' and inserting ``October 1, 2020''.
SEC. 266. BRIEFING ON POWER AND ENERGY RESEARCH CONDUCTED AT
UNIVERSITY AFFILIATED RESEARCH CENTERS.
(a) Briefing.--Not later than March 31, 2014, the Secretary
of Defense shall brief the Committees on Armed Services of
the Senate and the House of Representatives on power and
energy research conducted at the university affiliated
research centers.
(b) Matters Included.--The briefing under subsection (a)
shall include the following:
(1) A description of current and planned research on power
grid issues conducted with other university-based energy
centers.
(2) A description of current and planned collaboration
efforts regarding power grid issues with university-based
research centers that have an expertise in energy efficiency
and renewable energy, including efforts with respect to--
(A) system failure and losses, including--
(i) utility logistics and supply chain management for
events resulting in system failure or other major damage;
(ii) near real-time utility and law enforcement access to
damage assessment information during events resulting in
system failure or other major damage;
(B) mitigation and response to disasters and attacks;
(C) variable energy resource integration on the bulk power
system;
(D) integration of high penetrations of distributed energy
technologies on the electric distribution system;
(E) substation and asset hardening techniques appropriate
for use in civilian areas;
(F) facilitating development of training programs to
support significant increase in required technical skills of
present and future utility field forces, including hands-on
training; and
(G) facilitating increased consumer self-sufficiency.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 2014 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance, as specified in the funding table in section
4301.
Subtitle B--Energy and Environment
SEC. 311. DEADLINE FOR SUBMISSION OF REPORTS ON PROPOSED
BUDGETS FOR ACTIVITIES RELATING TO OPERATIONAL
ENERGY STRATEGY.
Section 138c(e) of title 10, United States Code, is
amended--
(1) in paragraph (4), by striking ``Not later than 30 days
after the date on which the budget for a fiscal year is
submitted to Congress pursuant to section 1105 of title 31,
the Secretary of Defense shall submit to Congress a report on
the proposed budgets for that fiscal year'' and inserting
``The Secretary of Defense shall submit to Congress a report
on the proposed budgets for a fiscal year''; and
(2) by adding at the end the following new paragraph:
``(6) The report required by paragraph (4) for a fiscal
year shall be submitted by the later of the following dates:
``(A) The date that is 30 days after the date on which the
budget for that fiscal year is submitted to Congress pursuant
to section 1105 of title 31.
``(B) March 31 of the previous fiscal year.''.
SEC. 312. FACILITATION OF INTERAGENCY COOPERATION IN
CONSERVATION PROGRAMS OF THE DEPARTMENTS OF
DEFENSE, AGRICULTURE, AND INTERIOR TO AVOID OR
REDUCE ADVERSE IMPACTS ON MILITARY READINESS
ACTIVITIES.
(a) Use of Funds Under Certain Agreements.--Section 2684a
of title 10, United States Code, is amended--
(1) by redesignating subsections (h) and (i) as subsections
(i) and (j); and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) Interagency Cooperation in Conservation Programs To
Avoid or Reduce Adverse Impacts on Military Readiness
Activities.--In order to facilitate interagency cooperation
and enhance the effectiveness of actions that will protect
both the environment and military readiness, the recipient of
funds provided pursuant an agreement under this section or
under the Sikes Act (16 U.S.C. et seq.) may, with regard to
the lands and waters within the scope of the agreement, use
such funds to satisfy any matching funds or cost-sharing
requirement of any conservation program of the Department of
Agriculture or the Department of the Interior notwithstanding
any limitation of such program on the source of matching or
cost-sharing funds.''.
(b) Sunset.--This section and subsection (h) of section
2684a of title 10, United States Code, as added by this
section, shall expire on October 1, 2019, except that any
agreement referred to in such subsection that is entered into
on or before September 30, 2019, shall continue according to
its terms and conditions as if this section has not expired.
SEC. 313. REAUTHORIZATION OF SIKES ACT.
Section 108 of the Sikes Act (16 U.S.C. 670f) is amended by
striking ``fiscal years 2009 through 2014'' each place it
appears and inserting ``fiscal years 2014 through 2019''.
SEC. 314. COOPERATIVE AGREEMENTS UNDER SIKES ACT FOR LAND
MANAGEMENT RELATED TO DEPARTMENT OF DEFENSE
READINESS ACTIVITIES.
(a) Multiyear Agreements To Fund Long-Term Management.--
Subsection (b) of section 103A of the Sikes Act (16 U.S.C.
670c-1) is amended--
(1) by inserting ``(1)'' before ``Funds''; and
(2) by adding at the end the following new paragraph:
``(2) In the case of a cooperative agreement under
subsection (a)(2), funds referred to in paragraph (1)--
``(A) may be paid in a lump sum and include an amount
intended to cover the future costs of
[[Page H3396]]
the natural resource maintenance and improvement activities
provided for under the agreement; and
``(B) may be invested by the recipient in accordance with
the recipient's own guidelines for the management and
investment of financial assets, and any interest or income
derived from such investment may be applied for the same
purposes as the principal.''.
(b) Availability of Funds and Relation to Other Laws.--
Subsection (c) of such section is amended to read as follows:
``(c) Availability of Funds and Relation to Other Laws.--
(1) Cooperative agreements and interagency agreements entered
into under this section shall be subject to the availability
of funds.
``(2) Notwithstanding chapter 63 of title 31, United States
Code, a cooperative agreement under this section may be used
to acquire property or services for the direct benefit or use
of the United States Government.
``(3) Amounts available to the Department of Defense that
are provided to any Federal, State, local, or nongovernmental
entity for conservation and rehabilitation of natural
resources in an area that is not on a military installation--
``(A) may only be used for payment of direct costs
associated with the management of such area; and
``(B) may be used to pay not more than 3 percent of total
project administrative costs, fees, and management charges.
``(4) Amounts available to the Department of Defense may
not be used under this Act to acquire fee title interest in
real property for natural resources projects that are not on
a military installation.''.
(c) Annual Audits.--Such section is further amended by
adding at the end the following new subsection:
``(d) Annual Audits.--The Inspector General of the
Department of Defense shall annually audit each natural
resources project funded with amounts available to the
Department of Defense under this Act that is not on a
military installation.''.
(d) Sunset.--This section and the provisions of law enacted
by the amendments made by this section shall expire on
October 1, 2019, except that any cooperative agreement
referred to in such provisions that is entered into on or
before September 30, 2019, shall continue according to its
terms and conditions as if this section has not expired.
SEC. 315. EXCLUSIONS FROM DEFINITION OF ``CHEMICAL
SUBSTANCE'' UNDER TOXIC SUBSTANCES CONTROL ACT.
Section 3(2)(B)(v) of the Toxic Substances Control Act (15
U.S.C. 2602(2)(B)(v)) is amended by striking ``, and'' and
inserting ``and any component of such an article (including,
without limitation, shot, bullets and other projectiles,
propellants when manufactured for or used in such an article,
and primers), and''.
SEC. 316. EXEMPTION OF DEPARTMENT OF DEFENSE FROM ALTERNATIVE
FUEL PROCUREMENT REQUIREMENT.
Section 526 of the Energy Independence and Security Act of
2007 (Public Law 110-140; 42 U.S.C. 17142) is amended by
adding at the end the following: ``This section shall not
apply to the Department of Defense.''.
SEC. 317. CLARIFICATION OF PROHIBITION ON DISPOSING OF WASTE
IN OPEN-AIR BURN PITS.
For the purposes of Department of Defense Instruction
4715.19, issued as required by section 317 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 10 U.S.C. 2701 note) or any successor instruction,
the term ``covered waste'' specifically includes, in addition
to the materials already specified in subparagraphs (A) and
(B) of subsection (c)(2) of such section, the following:
(1) Tires.
(2) Treated wood.
(3) Batteries.
(4) Plastics, except insignificant amounts of plastic
remaining after a good-faith effort to remove or recover
plastic materials from the solid waste stream.
(5) Munitions and explosives, the destruction of which is
covered in Department of Defense Instruction 6055.09-M
(Reference (i)).
(6) Compressed gas cylinders, unless empty with valves
removed.
(7) Fuel containers, unless completely evacuated of its
contents.
(8) Aerosol cans.
(9) Polychlorinated biphenyls.
(10) Petroleum, oils, and lubricants products (other than
waste fuel for initial combustion).
(11) Asbestos.
(12) Mercury.
(13) Foam tent material.
(14) Any item containing any of the materials referred to
in a preceding paragraph.
SEC. 318. LIMITATION ON PLAN, DESIGN, REFURBISHING, OR
CONSTRUCTION OF BIOFUELS REFINERIES.
Notwithstanding any other provision of law, the Secretary
of Defense may not enter into a contract for the planning,
design, refurbishing, or construction of a biofuels refinery
any other facility or infrastructure used to refine biofuels
unless such planning, design, refurbishing, or construction
is specifically authorized by law.
SEC. 319. LIMITATION ON PROCUREMENT OF BIOFUELS.
(a) In General.--Except as provided in subsection (b), none
of the amounts authorized to be appropriated by this Act or
otherwise made available for the Department of Defense may be
used to purchase or produce biofuels until the earlier of the
following dates:
(1) The date on which the cost of the biofuel is equal to
the cost of conventional fuels purchased by the Department.
(2) The date on which the Budget Control Act of 2011
(Public Law 112-25), and the sequestration in effect by
reason of such Act, are no longer in effect.
(b) Exceptions.--The limitation under subsection (a) shall
not apply to biofuels purchased--
(1) in limited quantities necessary to complete test and
certification; or
(2) for the biofuel research and development efforts of the
Department.
Subtitle C--Logistics and Sustainment
SEC. 321. LITTORAL COMBAT SHIP STRATEGIC SUSTAINMENT PLAN.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of the Navy shall
submit to the congressional defense committees and to the
Comptroller General of the United States a strategic
sustainment plan for the Littoral Combat Ship. Such plan
shall include each of the following:
(1) An estimate of the cost and schedule of implementing
the plan.
(2) An identification of the requirements and planning for
the long-term sustainment of the Littoral Combat Ship and its
mission modules in accordance with section 2366b of title 10,
United States Code, as amended by section 801 of the National
Defense Authorization Act for Fiscal Year 2012 (Public Law
112-81; 125 Stat. 1482).
(3) A description of the current and future operating
environments of the Littoral Combat Ship, as specified or
referred to in strategic guidance and planning documents of
the Department of Defense.
(4) The facility, supply, and logistics systems
requirements of the Littoral Combat Ship when forward
deployed, and an estimate of the cost and personnel required
to conduct the necessary maintenance activities.
(5) Any required updates to host-nation agreements to
facilitate the forward-deployed maintenance requirements of
the Littoral Combat Ship, including a discussion of overseas
management of Ship ordnance and hazardous materials and
delivery of equipment and spare parts needed for emergent
repair.
(6) An evaluation of the forward-deployed maintenance
requirements of the Littoral Combat Ship and a schedule of
pier-side maintenance timelines when forward-deployed,
including requirements for multiple ships and variants.
(7) An assessment of the total quantity of equipment, spare
parts, permanently forward-stationed personnel, and size of
fly away teams required to support forward-deployed
maintenance requirements for the U.S.S. Freedom while in
Singapore, and estimates for follow-on deployments of
Littoral Combat Ships of both variants.
(8) A detailed description of the continuity of operations
plans for the Littoral Combat Ship Squadron and of any plans
to increase the number of Squadron personnel.
(9) An identification of mission critical single point of
failure equipment for which a sufficient number spare parts
are necessary to have on hand, and determination of Littoral
Combat Ship forward deployed equipment and spare parts
locations and levels.
(b) Form.--The plan required under subsection (a) shall be
submitted in unclassified form but may have a classified
annex.
SEC. 322. REVIEW OF CRITICAL MANUFACTURING CAPABILITIES
WITHIN ARMY ARSENALS.
(a) Review.--The Secretary of Defense, in consultation with
the Secretaries of the military departments and the directors
of the Defense Agencies, shall conduct a review of the
current and expected manufacturing requirements across the
Department of Defense to identify critical manufacturing
competencies, supplies, components, end items, parts,
assemblies, and sub-assemblies for which no or a limited
domestic commercial source exists. In conducting the review
under this section, the Secretary--
(1) shall assess which of the competencies for which no or
a limited domestic commercial source exists could be executed
by an arsenal owned by the United States; and
(2) may review other manufacturing capabilities, as the
Secretary determines appropriate, to determine if such
capabilities could be executed by an arsenal owned by the
United States.
(b) Congressional Briefing.--Not later than 180 days after
the date of the enactment of this Act, the Secretary shall
brief the congressional defense committees on the results of
the review conducted under subsection (a).
SEC. 323. INCLUSION OF ARMY ARSENALS CAPABILITIES IN
SOLICITATIONS.
(a) Determination of Use of Arsenals.--
(1) Solicitation of information.--When undertaking a make-
or-buy analysis, a Program Executive Officer or Program
Manager of a military service or Defense Agency shall solicit
information from an arsenal owned by the United States
regarding the capability of the arsenal to fulfill a
manufacturing requirement.
(2) Submittal of material solution.--Upon a determination,
that an arsenal owned by the United States is capable of
fulfilling a manufacturing requirement, a Program Executive
Officer or Program Manager shall allow the arsenal to submit
a material solution in response to the requirement.
(b) Notification of Solicitations.--When issuing a
solicitation, a Program Executive Officer or Program Manager
shall notify each arsenal owned by the United States of any
manufacturing requirement that the arsenal has the capability
to fulfill and allow the arsenal to submit a proposal in
response to the requirement.
Subtitle D--Reports
SEC. 331. ADDITIONAL REPORTING REQUIREMENTS RELATING TO
PERSONNEL AND UNIT READINESS.
(a) Assessment of Assigned Missions and Contractor
Support.--Section 482 of title 10, United States Code, is
amended--
(1) by redesignating subsection (g) as subsection (j); and
[[Page H3397]]
(2) by inserting after subsection (f) the following new
subsections:
``(g) Combatant Command Assigned Mission Assessments.--(1)
Each report shall also include an assessment by each
commander of a geographic or functional combatant command of
the ability of the command to successfully execute each of
the assigned missions of the command. Each such assessment
for a combatant command shall also include a list of the
mission essential tasks for each assigned mission of the
command and an assessment of the ability of the command to
successfully complete each task within prescribed timeframes.
``(2) For purposes of this subsection, the term `assigned
mission' means any contingency response program plan, theater
campaign plan, or named operation that is approved and
assigned by the Joint Chiefs of Staff.
``(h) Risk Assessment of Dependence on Contractor
Support.--Each report shall also include an assessment by the
Chairman of the Joint Chiefs of Staff of the level of risk
incurred by using contract support in contingency operations
as required under Department of Defense Instruction 1100.22,
`Policies and Procedures for Determining Workforce Mix'.
``(i) Combat Support Agencies Assessment.--(1) Each report
shall also include an assessment by the Secretary of Defense
of the military readiness of the combat support agencies,
including, for each such agency--
``(A) a determination with respect to the responsiveness
and readiness of the agency to support operating forces in
the event of a war or threat to national security,
including--
``(i) a list of mission essential tasks and an assessment
of the ability of the agency to successfully perform those
tasks;
``(ii) an assessment of how the ability of the agency to
accomplish the tasks referred to in subparagraph (A) affects
the ability of the military departments and the unified and
geographic combatant commands to execute operations and
contingency plans by number;
``(iii) any readiness deficiencies and actions recommended
to address such deficiencies; and
``(iv) key indicators and other relevant information
related to any deficiency or other problem identified;
``(B) any recommendations that the Secretary considers
appropriate.
``(2) In this subsection, the term `combat support agency'
means any of the following Defense Agencies:
``(A) The Defense Information Systems Agency.
``(B) The Defense Intelligence Agency.
``(C) The Defense Logistics Agency.
``(D) The National Geospatial-Intelligence Agency (but only
with respect to combat support functions that the agencies
perform for the Department of Defense).
``(E) The Defense Contract Management Agency.
``(F) The Defense Threat Reduction Agency.
``(G) The National Reconnaissance Office.
``(H) The National Security Agency (but only with respect
to combat support functions that the agencies perform for the
Department of Defense) and Central Security Service.
``(I) Any other Defense Agency designated as a combat
support agency by the Secretary of Defense.''.
(b) Conforming Amendment.--Such section is further amended
in subsection (a), by striking ``and (f)'' and inserting
``(f), (g), (h), and (i)''.
SEC. 332. REPEAL OF ANNUAL COMPTROLLER GENERAL REPORT ON ARMY
PROGRESS.
Section 323 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2146; 10 U.S.C. 229 note) is amended--
(1) by striking subsection (d);
(2) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively; and
(3) in subsection (e), as so redesignated, by striking ``or
(d)''.
SEC. 333. REVISION TO REQUIREMENT FOR ANNUAL SUBMISSION OF
INFORMATION REGARDING INFORMATION TECHNOLOGY
CAPITAL ASSETS.
Section 351(a)(1) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314;
10 U.S.C. 221 note) is amended by striking ``in excess of
$30,000,000'' and all that follows and inserting ``(as
computed in fiscal year 2000 constant dollars) in excess of
$32,000,000 or an estimated total cost for the future-years
defense program for which the budget is submitted (as
computed in fiscal year 2000 constant dollars) in excess of
$378,000,000, for all expenditures, for all increments,
regardless of the appropriation and fund source, directly
related to the assets definition, design, development,
deployment, sustainment, and disposal.''.
Subtitle E--Limitations and Extensions of Authority
SEC. 341. LIMITATION ON REDUCTION OF FORCE STRUCTURE AT LAJES
AIR FORCE BASE, AZORES.
The Secretary of the Air Force may not reduce the force
structure at Lajes Air Force Base, Azores, relative to the
force structure at such Air Force Base as of October 1, 2013,
until 30 days after the Secretary of Defense concludes the
European Infrastructure Consolidation Assessment initiated by
the Secretary on January 25, 2013, and briefs the
congressional defense committees regarding such Assessment.
Such briefing shall include a specific assessment of the
efficacy of Lajes Air Force Base, Azores, in supporting the
United Stated overseas force posture.
SEC. 342. PROHIBITION ON PERFORMANCE OF DEPARTMENT OF DEFENSE
FLIGHT DEMONSTRATION TEAMS OUTSIDE THE UNITED
STATES.
(a) Prohibition.--None of the funds authorized to be
appropriated or otherwise available to the Secretary of
Defense for fiscal year 2014 or 2015 may be used for the
performance of flight demonstration teams under the
jurisdiction of the Secretary at any location outside the
United States.
(b) United States.--In this section, the term ``United
States'' means the several States of the United States, the
District of Columbia, and the commonwealths, territories, and
possessions of the United States.
Subtitle F--Other Matters
SEC. 351. REQUIREMENT TO ESTABLISH POLICY ON JOINT COMBAT
UNIFORMS.
(a) Establishment of Policy.--It is the policy of the
United States that by not later than October 1, 2018, the
Secretary of Defense shall require all military services to
use a joint combat camouflage uniform, including color and
pattern variants designed for specific combat environments.
(b) Prohibition.--Except as provided in subsection (c),
each military service shall be prohibited from adopting a new
combat camouflage uniform, unless--
(1) the combat camouflage utility uniform will be a joint
uniform adopted by all military services; or
(2) the military services adopt a uniform currently in use
by another military service.
(c) Exceptions.--Nothing in subsection (b) shall be
construed as--
(1) prohibiting the development or fielding of combat and
camouflage utility uniforms for use by personnel assigned to
or operating in support of the unified combatant command for
special operations forces described in section 167 of title
10, United States Code;
(2) prohibiting the military services from fielding
ancillary uniform items, including headwear, footwear, or
other such items as determined by the Secretaries of the
military departments; or
(3) prohibiting the military services from issuing working
or vehicle crew uniforms.
(d) Guidance Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall issue guidance to implement this section. At a minimum,
such guidance shall--
(1) require the Secretaries of the military departments to
collaborate on the development of joint criteria for the
design, development, fielding, and characteristics of combat
camouflage uniforms;
(2) require the Secretaries of the military departments to
ensure that new combat and camouflage utility uniforms meet
the geographic and operational requirements of the commanders
of the combatant commands; and
(3) require the Secretaries of the military departments to
ensure that all new combat and camouflage utility uniforms
achieve interoperability with other components of individual
war fighter systems, including organizational clothing and
individual equipment such as body armor and other individual
protective systems.
(e) Waiver.--The Secretary of Defense may waive the
prohibition in subsection (b) if the Secretary certifies to
Congress that there are exceptional operational circumstances
that require the development or fielding of a new combat
camouflage uniform.
(f) Repeal of Policy.--Section 352 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84,
123 Stat. 2262; 10 U.S.C. 771 note prec.) is hereby repealed.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty
personnel as of September 30, 2014, as follows:
(1) The Army, 520,000.
(2) The Navy, 323,600.
(3) The Marine Corps, 190,200.
(4) The Air Force, 327,600.
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH
MINIMUM LEVELS.
Section 691(b) of title 10, United States Code, is amended
by striking paragraphs (1) through (4) and inserting the
following new paragraphs:
``(1) For the Army, 520,000.
``(2) For the Navy, 323,600.
``(3) For the Marine Corps, 190,200.
``(4) For the Air Force, 327,600.''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as
of September 30, 2014, as follows:
(1) The Army National Guard of the United States, 354,200.
(2) The Army Reserve, 205,000.
(3) The Navy Reserve, 59,100.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 105,400.
(6) The Air Force Reserve, 70,400.
(7) The Coast Guard Reserve, 9,000.
(b) End Strength Reductions.--The end strengths prescribed
by subsection (a) for the Selected Reserve of any reserve
component shall be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component
which are on active duty (other than for training) at the end
of the fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual
members of the Selected Reserve of any reserve component are
released
[[Page H3398]]
from active duty during any fiscal year, the end strength
prescribed for such fiscal year for the Selected Reserve of
such reserve component shall be increased proportionately by
the total authorized strengths of such units and by the total
number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2014, the following number of Reserves to be
serving on full-time active duty or full-time duty, in the
case of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 32,060.
(2) The Army Reserve, 16,261.
(3) The Navy Reserve, 10,159.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 14,734.
(6) The Air Force Reserve, 2,911.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).
The minimum number of military technicians (dual status) as
of the last day of fiscal year 2014 for the reserve
components of the Army and the Air Force (notwithstanding
section 129 of title 10, United States Code) shall be the
following:
(1) For the Army National Guard of the United States,
27,210.
(2) For the Army Reserve, 8,395.
(3) For the Air National Guard of the United States,
21,875.
(4) For the Air Force Reserve, 10,429.
SEC. 414. FISCAL YEAR 2014 LIMITATION ON NUMBER OF NON-DUAL
STATUS TECHNICIANS.
(a) Limitations.--
(1) National guard.--Within the limitation provided in
section 10217(c)(2) of title 10, United States Code, the
number of non-dual status technicians employed by the
National Guard as of September 30, 2014, may not exceed the
following:
(A) For the Army National Guard of the United States,
1,600.
(B) For the Air National Guard of the United States, 350.
(2) Army reserve.--The number of non-dual status
technicians employed by the Army Reserve as of September 30,
2014, may not exceed 595.
(3) Air force reserve.--The number of non-dual status
technicians employed by the Air Force Reserve as of September
30, 2014, may not exceed 90.
(b) Non-dual Status Technicians Defined.--In this section,
the term ``non-dual status technician'' has the meaning given
that term in section 10217(a) of title 10, United States
Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO
BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2014, the maximum number of members of
the reserve components of the Armed Forces who may be serving
at any time on full-time operational support duty under
section 115(b) of title 10, United States Code, is the
following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal year 2014 for the
use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise
provided for, for military personnel, as specified in the
funding table in section 4401.
(b) Construction of Authorization.--The authorization of
appropriations in subsection (a) supersedes any other
authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 2014.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy Generally
SEC. 501. LIMITATIONS ON NUMBER OF GENERAL AND FLAG OFFICERS
ON ACTIVE DUTY.
(a) Per-service Limitations; Limited Joint Duty
Exclusions.--Section 526 of title 10, United States Code, as
amended by section 502 of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1387)
and section 501(a) of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1714), is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``231'' and inserting
``226''
(B) in paragraph (2), by striking ``162'' and inserting
``157''; and
(C) in paragraph (3), by striking ``198'' and inserting
``193''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``310'' and inserting
``300''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``85'' and inserting
``81'';
(ii) in subparagraph (B), by striking ``61'' and inserting
``59'';
(iii) in subparagraph (C), by striking ``73'' and inserting
``70''; and
(iv) in subparagraph (D), by striking ``21'' and inserting
``20''.
(b) Effective Date.--The amendments made by this section
shall take effect on October 1, 2014.
Subtitle B--Reserve Component Management
SEC. 511. MINIMUM NOTIFICATION REQUIREMENTS FOR MEMBERS OF
RESERVE COMPONENTS BEFORE DEPLOYMENT OR
CANCELLATION OF DEPLOYMENT RELATED TO A
CONTINGENCY OPERATION.
Section 12301 of title 10, United States Code, is amended--
(1) in subsection (e), by striking ``The period'' and
inserting ``Subject to subsection (i), the period''; and
(2) by adding at the end the following new subsection:
``(i)(1) The Secretary concerned shall provide not less
than 120 days advance notice to a unit of the reserve
components that--
``(A) will be ordered to active duty for deployment in
connection with a contingency operation; or
``(B) having been notified of such a deployment, has such
deployment canceled, postponed, or otherwise altered.
``(2) If a member of the reserve components is not assigned
to a unit organized to serve as a unit or is to be ordered to
active duty apart from the member's unit, the required notice
under paragraph (1) shall be provided directly to the member.
``(3) If the Secretary concerned fails to provide timely
notification as required by paragraph (1) or (2), the
Secretary concerned shall submit, within 30 days after the
date of the failure, written notification to the Committees
on Armed Services of the House of Representatives and the
Senate explaining the reason for the failure and the units
and members of the reserve components affected.''.
SEC. 512. INFORMATION TO BE PROVIDED TO BOARDS CONSIDERING
OFFICERS FOR SELECTIVE EARLY REMOVAL FROM
RESERVE ACTIVE-STATUS LIST.
(a) Officers to Be Considered; Exclusions.--Section
14704(a) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``Whenever'' ;
(2) by striking ``all officers on that list'' and inserting
``officers on the reserve active-status list'';
(3) by striking ``the reserve active-status list, in the
number specified by the Secretary by each grade and
competitive category.'' and inserting ``that list.''; and
(4) by adding at the end the following new paragraphs:
``(2) Except as provided in paragraph (3), the list of
officers in a reserve component whose names are submitted to
a board under paragraph (1) shall include each officer on the
reserve active-status list for that reserve component in the
same grade and competitive category whose position on the
reserve active-status list is between--
``(A) that of the most junior officer in that grade and
competitive category whose name is submitted to the board;
and
``(B) that of the most senior officer in that grade and
competitive category whose name is submitted to the board.
``(3) A list submitted to a board under paragraph (1) may
not include an officer who--
``(A) has been approved for voluntary retirement; or
``(B) is to be involuntarily retired under any provision of
law during the fiscal year in which the board is convened or
during the following fiscal year.''.
(b) Specification of Number of Officers Who May Be
Recommended for Removal.--Such section is further amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Specification of Number of Officers Who May Be
Recommended for Separation.--The Secretary of the military
department concerned shall specify the number of officers
described in subsection (a)(1) that a board may recommend for
separation under subsection (c).''.
SEC. 513. TEMPORARY AUTHORITY TO MAINTAIN ACTIVE STATUS AND
INACTIVE STATUS LISTS OF MEMBERS IN THE
INACTIVE NATIONAL GUARD.
(a) Authority to Maintain Active and Inactive Status Lists
in the Inactive National Guard.--
(1) Active and inactive status lists authorized.--The
Secretary of the Army and the Secretary of the Air Force may
maintain an active status list and an inactive status list of
members in the inactive Army National Guard and the inactive
Air National Guard, respectively.
(2) Total number on all lists at one time.--The total
number of members of the Army National Guard and members of
the Air National Guard on the active status lists and the
inactive status lists assigned to the inactive National Guard
may not exceed a total of 10,000 at any time.
(3) Total number on active status lists at one time.--The
total number of members of the Army National Guard and
members of the Air National Guard on the active status lists
of the inactive National Guard may not exceed 4,000 at any
time.
(4) Condition of implementation.--Before the authority
provided by this subsection is used to establish an active
status list and an inactive status list of members in the
inactive Army National Guard or the inactive Air National
Guard, the Secretary of Defense shall submit to the
Committees on Armed Services of the House
[[Page H3399]]
of Representatives and the Senate a copy of the
implementation guidance to be used to execute this authority.
(b) Additional Enlisted Member Transfer Authority.--In
addition to the transfer authority provided by section 303(b)
of title 32, United States Code, while an inactive status
list for the inactive National Guard exists--
(1) an enlisted member of the active Army National Guard
may be transferred to the inactive Army National Guard
without regard to whether the member was formerly enlisted in
the inactive Army National Guard; and
(2) an enlisted member of the active Air National Guard may
be transferred to the inactive Air National Guard without
regard to whether the member was formerly enlisted in the
inactive Air National Guard.
(c) Removal of Restrictions on Transfer of Officers.--While
an inactive status list for the inactive National Guard
exists, nothing in chapter 3 of title 32, United States Code,
shall be construed to prevent any of the following:
(1) An officer of the Army National Guard who fills a
vacancy in a federally recognized unit of the Army National
Guard from being transferred from the active Army National
Guard to the inactive Army National Guard.
(2) An officer of the Air National Guard who fills a
vacancy in a federally recognized unit of the Air National
Guard from being transferred from the active Air National
Guard to the inactive Air National Guard.
(3) An officer of the Army National Guard transferred to
the inactive Army National Guard from being transferred from
the inactive Army National Guard to the active Army National
Guard to fill a vacancy in a federally recognized unit.
(4) An officer of the Air National Guard transferred to the
inactive Air National Guard from being transferred from the
inactive Air National Guard to the active Air National Guard
to fill a vacancy in a federally recognized unit.
(d) Status and Training Categories for Members in Inactive
Status.--While an inactive status list for the inactive Army
National Guard or inactive Air National Guard exists--
(1) the first sentence of subsection (b) of section 10141
of title 10, United States Code, shall apply only with
respect to members of the reserve components assigned to the
inactive Army National Guard or inactive Air National Guard
who are assigned to such inactive status list; and
(2) the exclusion of the Army National Guard of the United
States or Air National Guard of the United States under the
first sentence of subsection (c) of such section shall not
apply.
(e) Eligibility for Inactive-duty Training Pay.--While an
inactive status list for the inactive National Guard exists,
the limitation on pay for inactive-duty training contained in
section 206(c) of title 37, United States Code, shall apply
only to persons assigned to the inactive status list of the
inactive National Guard, rather than to all persons enlisted
in the inactive National Guard.
(f) Conforming Amendments.--
(1) Modification of active status definition.--Section
101(d)(4) of title 10, United States Code, is amended by
adding at the end the following new sentence: ``However,
while an inactive status list for the inactive Army National
Guard or inactive Air National Guard exists, such term means
the status of a member of the Army National Guard of the
United States or Air National Guard of the United States who
is not assigned to the inactive status list of the inactive
Army National Guard or inactive Air National Guard, on
another inactive status list, or in the Retired Reserve.''.
(2) Computation of years of service for entitlement to
retired pay.--Paragraph (3) of section 12732(b) of such title
is amended to read as follows:
``(3) Service in the inactive National Guard (for any
period other than a period in which an inactive status list
for the inactive National Guard exists) and service while
assigned to the inactive status list of the inactive National
Guard (for any period in which an inactive status list for
the inactive National Guard exists).''.
(g) Evaluation of Use of Authority.--
(1) Independent study required.--Before the end of the
period specified in subsection (h), the Secretary of Defense
shall commission an independent study to evaluate the
effectiveness of using an active status list for the inactive
National Guard to improve the readiness of the Army National
Guard and the Air National Guard.
(2) Elements.--As part of the study required by this
subsection, the entity conducting the study shall determine,
for each year in which the temporary authority provided by
subsection (a) is used--
(A) how many members of the Army National Guard and the Air
National Guard were transferred to the active status list of
the inactive National Guard;
(B) how many of these vacancies were filled with personnel
new to the Army National Guard;
(C) the additional cost of filling these positions; and
(D) the impact on drill and annual training participation
rates.
(3) Additional consideration.--The study required by this
subsection also shall include an assessment of the impact of
the use of the temporary authority provided by subsection (a)
on medical readiness category 3B personnel transferred to the
active status inactive National Guard, including--
(A) how long it took them to complete the Integrated
Disability Evaluation System (IDES) process; and
(B) how satisfied they were with their unit's management
and collaboration during the IDES process.
(4) Submission of results.--Not later than 180 days after
completion of the study required by this subsection, the
Secretary of Defense shall submit to the Committees on Armed
Services of the House of Representatives and the Senate a
report containing the results of the study.
(h) Duration of Authority.--The authority provided by
subsection (a) for the maintenance of both an active status
list and inactive status list of members in the inactive
National Guard exists only during the period beginning on
October 1, 2013, and ending on December 31, 2018.
SEC. 514. REVIEW OF REQUIREMENTS AND AUTHORIZATIONS FOR
RESERVE COMPONENT GENERAL AND FLAG OFFICERS IN
AN ACTIVE STATUS.
(a) Review Required.--The Secretary of Defense shall
conduct a review of the general officer and flag officer
requirements for members of the reserve component in an
active status.
(b) Purpose of Review.--The purpose of the review is to
ensure that the authorized strengths provided in section
12004 of title 10, United States Code, for reserve general
officers and reserve flag officers in an active status--
(1) are based on an objective requirements process and are
sufficient for the effective management, leadership, and
administration of the reserve components;
(2) provide a qualified, sufficient pool from which reserve
component general and flag officers can continue to be
assigned on active duty in joint duty and in-service military
positions;
(3) reflect a review of the appropriateness and number of
exemptions provided by subsections (b), (c), and (d) of
section 12004 of title 10, United States Code;
(4) reflect the efficiencies that can be achieved through
downgrading or elimination of reserve component general or
flag officer positions, including through the conversion of
certain reserve component general or flag officer positions
to senior civilian positions; and
(5) are subjected to periodic review, control, and
adjustment.
(c) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report containing the results of
the review, including such recommendations for changes in law
and policy related to authorized reserve general and flag
officers strengths as the Secretary considers to be
appropriate.
SEC. 515. FEASABILITY STUDY ON ESTABLISHING A UNIT OF THE
NATIONAL GUARD IN AMERICAN SAMOA AND IN THE
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.
(a) Study Required.--The Secretary of Defense shall conduct
a study to determine the feasibility of establishing--
(1) a unit of the National Guard in American Samoa; and
(2) a unit of the National Guard in the Commonwealth of the
Northern Mariana Islands.
(b) Force Structure Elements of Study.--In conducting the
study required under subsection (a), the Secretary of Defense
shall consider the following:
(1) The allocation of National Guard force structure and
manpower to American Samoa and the Commonwealth of the
Northern Mariana Islands in the event of the establishment of
a unit of the National Guard in American Samoa and in the
Commonwealth of the Northern Mariana Islands, and the impact
of this allocation on existing National Guard units in the 50
states, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, and the District of Columbia.
(2) The Federal funding that would be required to support
pay, benefits, training operations, and missions of members
of a unit of the National Guard in American Samoa and the
Commonwealth of the Northern Mariana Islands, based on the
allocation derived from paragraph (1), and the equipment,
including maintenance, required to support such force
structure.
(3) The presence of existing infrastructure to support a
unit of the National Guard in American Samoa and the
Commonwealth of the Northern Mariana Islands, and the
requirement for additional infrastructure, including
information technology infrastructure, to support such force
structure, based on the allocation derived from paragraph
(1).
(4) How a unit of the National Guard in American Samoa and
the Commonwealth of the Northern Mariana Island would
accommodate the National Guard Bureau's ``Essential Ten''
homeland defense capabilities (i.e., aviation, engineering,
civil support teams, security, medical, transportation,
maintenance, logistics, joint force headquarters, and
communications) and reflect regional needs.
(5) The manpower cadre, both military personnel and full-
time support, including National Guard technicians, required
to establish, maintain, and sustain a unit of the National
Guard in American Samoa and the Commonwealth of the Northern
Mariana Islands, and the ability of American Samoa and of the
Commonwealth of the Northern Mariana Islands to support
demographically a unit of the National Guard at each
location.
(6) The ability of a unit of the National Guard in American
Samoa and the Commonwealth of the Northern Mariana Islands to
maintain unit readiness and the logistical challenges
associated with transportation, communications, supply/
resupply, and training operations and missions.
(c) Submission of Results.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees
a report containing the results of the study conducted under
subsection (a). The report shall also include the following:
[[Page H3400]]
(1) A determination of whether the executive branch of
American Samoa and of the Commonwealth of the Northern
Mariana Islands has enacted and implemented statutory
authorization for an organized militia as a prerequisite for
establishing a unit of the National Guard, and a description
of any other steps that such executive branches must take to
request and carry out the establishment of a National Guard
unit.
(2) A list of any amendments to titles 10, 32, and 37,
United States Code, that would have to be enacted by Congress
to provide for the establishment of a unit of the National
Guard in American Samoa and in the Commonwealth of the
Northern Mariana Islands.
(3) A description of any required Department of Defense
actions to establish a unit of the National Guard in American
Samoa and in the Commonwealth of the Northern Mariana
Islands.
(4) A suggested timeline for completion of the steps and
actions described in the preceding paragraphs.
Subtitle C--General Service Authorities
SEC. 521. REVIEW OF INTEGRATED DISABILITY EVALUATION SYSTEM.
(a) Review.--The Secretary of Defense shall conduct a
review of--
(1) the backlog of pending cases in the Integrated
Disability Evaluation System with respect to members of the
reserve components of the Armed Forces for the purpose of
addressing the matters specified in paragraph (1) of
subsection (b); and
(2) the improvements to the Integrated Disability
Evaluation System specified in paragraph (2) of such
subsection.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a report on the review under subsection (a).
Such report shall include the following:
(1) With respect to the reserve components of the Armed
Forces--
(A) the number of pending cases that exist as of the date
of the report, listed by military department, component, and,
with respect to the National Guard, State;
(B) as of the date of the report, the average time it takes
to process a case in the Integrated Disability Evaluation
System;
(C) a description of the steps the Secretary will take to
resolve the backlog of cases in the Integrated Disability
Evaluation System; and
(D) the date by which the Secretary plans to resolve such
backlog for each military department.
(2) With respect to the regular components and reserve
components of the Armed Forces--
(A) a description of the progress being made to transition
the Integrated Disability Evaluation System to an integrated
and readily accessible electronic format that a member of the
Armed Forces may access and see the status of the member
during each phase of the system;
(B) an estimate of the cost to complete the transition to
an integrated and readily accessible electronic format; and
(C) an assessment of the feasibility of improving in-
transit visibility of pending cases, including by
establishing a method of tracking a pending case when a
military treatment facility is assigned a packet and pending
case for action regarding a member.
(c) Pending Case Defined.--In this section, the term
``pending case'' means a case involving a member of the Armed
Forces who, as of the date of the review under subsection
(a), is within the Integrated Disability Evaluation System
and has been referred to a medical evaluation board.
SEC. 522. COMPLIANCE REQUIREMENTS FOR ORGANIZATIONAL CLIMATE
ASSESSMENTS.
(a) Verification and Tracking Requirements.--The Secretary
of Defense shall direct the Secretaries of the military
departments to verify and track the compliance of commanding
officers in conducting organizational climate assessments
required as part of the comprehensive policy for the
Department of Defense sexual assault prevention and response
program pursuant to section 572(a)(3) of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239;
126 Stat. 1753).
(b) Implementation.--No later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report containing--
(1) a description of the progress of the development of the
system that will verify and track the compliance of
commanding officers in conducting organizational climate
assessments; and
(2) an estimate of when the system will be completed and
implemented.
SEC. 523. COMMAND RESPONSIBILITY AND ACCOUNTABILITY FOR
REMAINS OF MEMBERS OF THE ARMY, NAVY, AIR
FORCE, AND MARINE CORPS WHO DIE OUTSIDE THE
UNITED STATES.
Not later than 60 days after the date of the enactment of
this Act, the Secretary of Defense shall take such steps as
may be necessary to ensure that there is continuous,
designated military command responsibility and accountability
for the care, handling, and transportation of the remains of
each deceased member of the Army, Navy, Air Force, or Marine
Corps who died outside the United States, beginning with the
initial recovery of the remains, through the defense mortuary
system, until the interment of the remains or the remains are
otherwise accepted by the person designated as provided by
section 1482(c) of title 10, United States Code, to direct
disposition of the remains.
SEC. 524. CONTENTS OF TRANSITION ASSISTANCE PROGRAM.
(a) In General.--Section 1144 of title 10, United States
Code, is amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(9) Provide information about disability-related
employment and education protections.''.
(2) by redesignating subsections (c), (d), and (e), as
subsections (d), (e), and (f), respectively; and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) Additional Elements of Program.--The mandatory
program carried out by this section shall include--
``(1) for any such member who plans to use the member's
entitlement to educational assistance under title 38--
``(A) instruction providing an overview of the use of such
entitlement; and
``(B) courses of post-secondary education appropriate for
the member, courses of post-secondary education compatible
with the member's education goals, and instruction on how to
finance the member's post-secondary education; and
``(2) instruction in the benefits under laws administered
by the Secretary of Veterans Affairs and in other subjects
determined by the Secretary concerned.''.
(b) Deadline for Implementation.--The program carried out
under section 1144 of title 10, United States Code, shall
comply with the requirements of subsections (b)(9) and (c) of
such section, as added by subsection (a), by not later than
April 1, 2015.
(c) Feasibility Study.--Not later than 270 days after the
date of the enactment of this Act, the Secretary of Veterans
Affairs shall submit to the Committee on Veterans' Affairs
and the Committee on Armed Services of the Senate and the
Committee on Veterans' Affairs and the Committee on Armed
Services of the House of Representatives the results of a
study carried out by the Secretary to determine the
feasibility of providing the instruction described in
subsection (b) of section 1142 of title 10, United States
Code, at all overseas locations where such instruction is
provided by entering into a contract jointly with the
Secretary of Labor for the provision of such instruction.
SEC. 525. PROCEDURES FOR JUDICIAL REVIEW OF MILITARY
PERSONNEL DECISIONS RELATING TO CORRECTION OF
MILITARY RECORDS.
(a) Availability of Judicial Review; Limitations.--
(1) In general.--Chapter 79 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1560. Judicial review of decisions relating to
correction of military records
``(a) Availability of Judicial Review.--
``(1) In general.--Pursuant to sections 1346 and 1491 of
title 28 and chapter 7 of title 5 any person adversely
affected by a records correction final decision may obtain
judicial review of the decision in a court with jurisdiction
to hear the matter.
``(2) Records correction final decision defined.--In this
section, the term `records correction final decision' means
any of the following decisions:
``(A) A final decision issued by the Secretary concerned
pursuant to section 1552 of this title.
``(B) A final decision issued by the Secretary concerned
pursuant to section 1034(f) of this title.
``(C) A final decision issued by the Secretary of Defense
pursuant to section 1034(g) of this title.
``(b) Exhaustion of Administrative Remedies.--
``(1) General rule.--Except as provided in paragraphs (3)
and (4), judicial review of a matter that could be subject to
correction under a provision of law specified in subsection
(a)(2) may not be obtained under this section or any other
provision of law unless--
``(A) the petitioner has requested a correction under
section 1552 of this title (including such a request in a
matter arising under section 1034 of this title); and
``(B) the Secretary concerned has rendered a final decision
denying that correction in whole or in part.
``(2) Whistleblower cases.--When the final decision of the
Secretary concerned is subject to review by the Secretary of
Defense under section 1034(g) of this title, the petitioner
is not required to seek such review before obtaining judicial
review, but if the petitioner does seek such review, judicial
review may not be sought until the earlier of the following
occurs:
``(A) The Secretary of Defense makes a decision in the
matter.
``(B) The period specified in section 1034(g) of this title
for the Secretary to make a decision in the matter expires.
``(3) Class actions.--If judicial review of a records
correction final decision is sought, and the petitioner for
such judicial review also seeks to bring a class action with
respect to a matter for which the petitioner requested a
correction under section 1552 of this title (including such a
request in a matter arising under section 1034 of this title)
and the court issues an order certifying a class in the case,
paragraphs (1) and (2) do not apply to any member of the
certified class (other than the petitioner) with respect to
any matter covered by a claim for which the class is
certified.
``(4) Timeliness.--Paragraph (1) shall not apply if the
records correction final decision of the Secretary concerned
is not issued by the date that is 18 months after the date on
which the petitioner requests a correction.
``(c) Statutes of Limitation.--
``(1) Six years from final decision.--A records correction
final decision (other than in a matter to which paragraph (2)
applies) is not subject to judicial review under this section
or otherwise subject to review in any court unless petition
for such review is filed in a court not
[[Page H3401]]
later than six years after the date of the records correction
final decision.
``(2) Six years for certain claims that may result in
payment of money.--(A) In a case of a records correction
final decision described in subparagraph (B), the records
correction final decision (or the portion of such decision
described in such subparagraph) is not subject to judicial
review under this section or otherwise subject to review in
any court unless petition for such review is filed in a court
before the end of the six-year period that began on the date
of discharge, retirement, release from active duty, or death
while on active duty, of the person whose military records
are the subject of the correction request. Such six-year
period does not include any time between the date of the
filing of the request for correction of military records
leading to the records correction final decision and the date
of the final decision.
``(B) Subparagraph (A) applies to a records correction
final decision or portion of the decision that involves a
denial of a claim that, if relief were to be granted by the
court, would support, or result in, the payment of money,
other than payments made under chapter 73 of this title,
either under a court order or under a subsequent
administrative determination.
``(d) Habeas Corpus.--This section does not affect any
cause of action arising under chapter 153 of title 28.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1560. Judicial review of decisions.''.
(b) Effect of Denial of Request for Correction of Records
When Prohibited Personnel Action Alleged.--
(1) Notice of denial; procedures for judicial review.--
Subsection (f) of section 1034 of such title is amended by
adding at the end the following new paragraph:
``(7) In any case in which the final decision of the
Secretary concerned results in denial, in whole or in part,
of any requested correction of the record of the member or
former member, the Secretary concerned shall provide the
member or former member--
``(A) a concise written statement of the basis for the
decision; and
``(B) a notification of the availability of judicial review
of the decision pursuant to section 1560 of this title and
the time period for obtaining such review in accordance with
the applicable statute of limitations.''.
(2) Secretary of defense review; notice of denial.--
Subsection (g) of such section is amended--
(A) by inserting ``(1)'' before ``Upon the completion of
all''; and
(B) by adding at the end the following new paragraph:
``(2) The submittal of a matter to the Secretary of Defense
by the member or former member under paragraph (1) must be
made within 90 days of the receipt by the member or former
member of the final decision of the Secretary of the military
department concerned in the matter. In any case in which the
final decision of the Secretary of Defense results in denial,
in whole or in part, of any requested correction of the
record of the member or former member, the Secretary of
Defense shall provide the member or former member--
``(A) a concise written statement of the basis for the
decision; and
``(B) a notification of the availability of judicial review
of the decision pursuant to section 1560 of this title and
the time period for obtaining such review in accordance with
the applicable statute of limitations.''.
(3) Sole basis for judicial review.--Such section is
further amended--
(A) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(B) by inserting after subsection (g) the following new
subsection (h):
``(h) Judicial Review.--(1) A decision of the Secretary of
Defense under subsection (g) shall be subject to judicial
review only as provided in section 1560 of this title.
``(2) In a case in which review by the Secretary of Defense
under subsection (g) was not sought, a decision of the
Secretary of a military department under subsection (f) shall
be subject to judicial review only as provided in section
1560 of this title.
``(3) A decision by the Secretary of Homeland Security
under subsection (f) shall be subject to judicial review only
as provided in section 1560 of this title.''.
(c) Effect of Denial of Other Requests for Correction of
Military Records.--Section 1552 of such title is amended by
adding at the end the following new subsections:
``(h) In any case in which the final decision of the
Secretary concerned results in denial, in whole or in part,
of any requested correction, the Secretary concerned shall
provide the claimant--
``(1) a concise written statement of the basis for the
decision; and
``(2) a notification of the availability of judicial review
of the decision pursuant to section 1560 of this title and
the time period for obtaining such review in accordance with
the applicable statute of limitations.
``(i) A decision by the Secretary concerned under this
section shall be subject to judicial review only as provided
in section 1560 of this title.''.
(d) Effective Date and Application.--
(1) In general.--The amendments made by this section shall
take effect on January 1, 2015, and shall apply to all final
decisions of the Secretary of Defense under section 1034(g)
of title 10, United States Code, and of the Secretary of a
military department and the Secretary of Homeland Security
under sections 1034(f) or 1552 of such title rendered on or
after such date.
(2) Treatment of existing cases.--This section and the
amendments made by this section do not affect the authority
of any court to exercise jurisdiction over any case that was
properly before the court before the effective date specified
in paragraph (1).
(e) Implementation.--The Secretary of a military department
and the Secretary of Homeland Security (in the case of the
Coast Guard when it is not operating as a service in the
Department of the Navy) may prescribe regulations, and
interim guidance before prescribing such regulations, to
implement the amendments made by this section. Regulations or
interim guidance prescribed by the Secretary of a military
department may not take effect until approved by the
Secretary of Defense.
SEC. 526. ESTABLISHMENT AND USE OF CONSISTENT DEFINITION OF
GENDER-NEUTRAL OCCUPATIONAL STANDARD FOR
MILITARY CAREER DESIGNATORS.
(a) Establishment of Definitions.--Section 543 of the
National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160; 10 U.S.C. 113 note) is amended by adding
at the end the following new subsection:
``(d) Definitions.--In this section:
``(1) Gender-neutral occupational standard.--The term
`gender-neutral occupational standard', with respect to a
military career designator, means that all members of the
Armed Forces serving in or assigned to the military career
designator must meet the same physical and performance
outcome-based standards for the successful accomplishment of
the necessary and required specific tasks associated with the
qualifications and duties performed while serving in or
assigned to the military career designator.
``(2) Military career designator.--The term `military
career designator' refers to--
``(A) in the case of enlisted members and warrant officers
of the Armed Forces, military occupational specialties,
specialty codes, enlisted designators, enlisted
classification codes, additional skill identifiers, and
special qualification identifiers; and
``(B) in the case of commissioned officers (other than
commissioned warrant officers), officer areas of
concentration, occupational specialties, specialty codes,
additional skill identifiers, and special qualification
identifiers.''.
(b) Use of Definitions.--Such section is further amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``military occupational career field'' and inserting
``military career designator''; and
(B) in paragraph (1), by striking ``common, relevant
performance standards'' and inserting ``an occupational
standard'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``any military occupational specialty'' and
inserting ``any military career designator''; and
(ii) by striking ``requirements for members in that
specialty and shall ensure (in the case of an occupational
specialty'' and inserting ``requirements as part of the
gender-neutral occupational standard for members in that
career designator and shall ensure (in the case of a career
designator''; and
(B) in paragraph (2)--
(i) by striking ``an occupational specialty'' and inserting
``a military career designator'';
(ii) by striking ``that occupational specialty'' and
inserting ``that military career designator''; and
(iii) by striking ``that specialty'' and inserting ``that
military career designator''; and
(3) in subsection (c)--
(A) by striking ``the occupational standards for a military
occupational field'' and inserting ``the gender-neutral
occupational standard for a military career designator''; and
(B) by striking ``that occupational field'' and inserting
``that military career designator''.
SEC. 527. EXPANSION AND ENHANCEMENT OF AUTHORITIES RELATING
TO PROTECTED COMMUNICATIONS OF MEMBERS OF THE
ARMED FORCES AND PROHIBITED RETALIATORY
ACTIONS.
(a) Expansion of Prohibited Retaliatory Personnel
Actions.--Subsection (b) of section 1034 of title 10, United
States Code, is amended--
(1) in paragraph (1)(B)--
(A) by striking ``or'' at the end of clause (iv);
(B) by redesignating clause (v) as clause (vi); and
(C) by inserting after clause (iv) the following new clause
(v):
``(v) a court-martial proceeding; or''; and
(2) in paragraph (2), by inserting after ``any favorable
action'' the following: ``, or a significant change in a
member's duties, responsibilities, or working conditions''.
(b) Inspector General Investigations of Allegations.--
Subsection (c) of such section is amended--
(1) in paragraph (1), by striking ``paragraph (3)'' and
inserting ``paragraph (4)'';
(2) in paragraph (2), by striking subparagraph (A) and
inserting the following new subparagraph (A):
``(A) Any violation of any law, rule, or regulation,
including a law or regulation prohibiting rape, sexual
assault, or other sexual misconduct in sections 920 through
920c of this title (articles 120 through 120c of the Uniform
Code of Military Justice), sexual harassment or unlawful
discrimination.'';
(3) by redesignating paragraphs (3), (4), and (5) as
paragraphs (4), (5), and (6), respectively;
(4) by inserting after paragraph (2) the following new
paragraph (3):
``(3) A communication described in paragraph (2) shall not
be excluded from the protections provided in this section
because--
``(A) the communication was made to a person who
participated in an activity that the member
[[Page H3402]]
reasonably believed to be covered by paragraph (2);
``(B) the communication revealed information that had
previously been communicated;
``(C) of the member's motive for making the communication;
``(D) the communication was not made in writing;
``(E) the communication was made while the member was off
duty;
``(F) the communication was made during the normal course
of duties of the member.'';
(5) in subparagraph (D) of paragraph (4), as redesignated
by paragraph (3) of this subsection, by inserting before the
period at the end of the second sentence the following: ``,
with the consent of the member'';
(6) in paragraph (5), as so redesignated--
(A) by striking ``paragraph (3)(A)'' and inserting
``paragraph (4)(A)'';
(B) by striking ``paragraph (3)(D)'' and inserting
``paragraph (4)(D)''; and
(C) by striking ``60 days'' and inserting ``one year''.
(c) Inspector General Investigations of Underlying
Allegations.--Subsection (d) of such section is amended by
striking ``subparagraph (A) or (B) of subsection (c)(2)'' and
inserting ``subparagraph (A), (B), or (C) of subsection
(c)(2)''.
(d) Reports on Investigations.--Subsection (e) of such
section is amended--
(1) in paragraph (1)--
(A) by striking ``subsection (c)(3)(E)'' both places it
appears and inserting ``subsection (c)(4)(E)'';
(B) by striking ``the Secretary of Defense'' and inserting
``the Secretary of the military department concerned'';
(C) by striking ``to the Secretary,'' and inserting ``to
such Secretary,'';
(2) in paragraph (3), by striking ``the Secretary of
Defense'' and inserting ``the Secretary of the military
department concerned'';
(3) in paragraph (4), by striking the second sentence and
inserting the following new sentence: ``The report shall
include an explicit determination as to whether a personnel
action prohibited by subsection (b) has occurred and a
recommendation as to the disposition of the complaint,
including appropriate corrective action for the member.''.
(e) Action in Case of Violations.--Section 1034 of title
10, United States Code, is further amended--
(1) by redesignating subsections (i) and (j), as
redesignated by section 525(b) of this Act, as subsections
(k) and (l), respectively; and
(2) by inserting after subsection (h), as added by section
525(b), the following new subsection:
``(i) Action in Case of Violations.--(1) If an Inspector
General reports under subsection (e) that a personnel action
prohibited by subsection (b) has occurred, not later than 30
days after receiving such report from the Inspector General,
the Secretary of Homeland Security or the Secretary of the
military department concerned, as applicable, shall order
such action as is necessary to correct the record of a
personnel action prohibited by subsection (b), taking into
account the recommendations in the report by the Inspector
General. Such Secretary shall take any appropriate
disciplinary action against the individual who committed such
prohibited personnel action.
``(2) If the Secretary of Homeland Security or the
Secretary of the military department concerned, as
applicable, determines that an order for corrective or
disciplinary action is not appropriate, not later than 30
days after making the determination, such Secretary shall--
``(A) provide to the Secretary of Defense, the Committees
on Armed Services of the Senate and the House of
Representatives, and the member or former member, a notice of
the determination and the reasons for not taking action; and
``(B) refer the report to the appropriate board for the
correction of military records for further review under
subsection (g).''.
(f) Correction of Records.--Subsection (f) of such section
is amended--
(1) in paragraph (2)(C), by striking ``may'' and inserting
``upon the request of the member or former member, after an
initial determination that a complaint is not frivolous and
has not previously been addressed by the board, shall''; and
(2) in paragraph (3)--
(A) in the matter preceding subparagraph (A), by striking
``board elects to hold'' and inserting ``board holds''; and
(B) in subparagraph (A)--
(i) by striking ``may be provided'' and inserting ``shall
be provided''; and
(ii) in clause (ii), by striking ``the case is unusually
complex or otherwise requires'' and inserting ``the member or
former member would benefit from''.
(g) Burdens of Proof.--Such section is further amended by
inserting after subsection (i), as added by subsection (e) of
this section, the following new subsection:
``(j) Burdens of Proof.--The burdens of proof specified in
section 1221(e) of title 5 shall apply in any investigation
conducted by an Inspector General, and any review conducted
by the Secretary of Defense, the Secretary of Homeland
Security, and any board for the correction of military
records, under this section.''.
(h) Effective Date.--The amendments made by this section
shall take effect on the date that is 30 days after the date
of the enactment of this Act, and shall apply with respect to
allegations pending or submitted under section 1034 of title
10, United States Code, on or after that date.
SEC. 528. APPLICABILITY OF MEDICAL EXAMINATION REQUIREMENT
REGARDING POST-TRAUMATIC STRESS DISORDER OR
TRAUMATIC BRAIN INJURY TO PROCEEDINGS UNDER THE
UNIFORM CODE OF MILITARY JUSTICE.
Section 1177 of title 10, United States Code, is amended by
striking subsection (c).
SEC. 529. PROTECTION OF THE RELIGIOUS FREEDOM OF MILITARY
CHAPLAINS TO CLOSE A PRAYER OUTSIDE OF A
RELIGIOUS SERVICE ACCORDING TO THE TRADITIONS,
EXPRESSIONS, AND RELIGIOUS EXERCISES OF THE
ENDORSING FAITH GROUP.
(a) United States Army.--Section 3547 of title 10, United
States Code, is amended by adding at the end the following
new subsection:
``(c) If called upon to lead a prayer outside of a
religious service, a chaplain shall have the prerogative to
close the prayer according to the traditions, expressions,
and religious exercises of the endorsing faith group.''.
(b) United States Military Academy.--Section 4337 of such
title is amended--
(1) by inserting ``(a)'' before ``There''; and
(2) by adding at the end the following new subsection:
``(b) If called upon to lead a prayer outside of a
religious service, the Chaplain shall have the prerogative to
close the prayer according to the traditions, expressions,
and religious exercises of the endorsing faith group.''.
(c) United States Navy and Marine Corps.--Section 6031 of
such title is amended by adding at the end the following new
subsection:
``(d) If called upon to lead a prayer outside of a
religious service, a chaplain shall have the prerogative to
close the prayer according to the traditions, expressions,
and religious exercises of the endorsing faith group.''.
(d) United States Air Force.--Section 8547 of such title is
amended by adding at the end the following new subsection:
``(c) If called upon to lead a prayer outside of a
religious service, a chaplain shall have the prerogative to
close the prayer according to the traditions, expressions,
and religious exercises of the endorsing faith group.''.
(e) United States Air Force Academy.--Section 9337 of such
title is amended--
(1) by inserting ``(a)'' before ``There''; and
(2) by adding at the end the following new subsection:
``(b) If called upon to lead a prayer outside of a
religious service, the Chaplain shall have the prerogative to
close the prayer according to the traditions, expressions,
and religious exercises of the endorsing faith group.''.
SEC. 530. EXPANSION AND IMPLEMENTATION OF PROTECTION OF
RIGHTS OF CONSCIENCE OF MEMBERS OF THE ARMED
FORCES AND CHAPLAINS OF SUCH MEMBERS.
(a) Accommodation of Members' Beliefs, Actions, and
Speech.--Subsection (a)(1) of section 533 of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law
112-239; 126 Stat. 1727; 10 U.S.C. prec. 1030 note) is
amended--
(1) by striking ``The Armed Forces shall accommodate the
beliefs'' and inserting ``Except in cases of military
necessity, the Armed Forces shall accommodate the beliefs,
actions, and speech''; and
(2) by inserting ``, actions, or speech'' after ``such
beliefs''.
(b) Narrow Exception.--Subsection (a)(2) of such section is
amended by striking ``that threaten'' and inserting ``that
actually harm''.
(c) Deadline for Regulations; Consultation.--The
implementation regulations required by subsection (c) of such
section shall be issued not later than 120 days after the
date of the enactment of this Act. In preparing such
regulations, the Secretary of Defense shall consult with the
official military faith-group representatives who endorse
military chaplains.
SEC. 530A. SERVICEMEMBERS' ACCOUNTABILITY, RIGHTS, AND
RESPONSIBILITIES TRAINING.
(a) Responsibilities of Secretary of Defense.--
(1) In general.--The Secretary of Defense, acting through
the Secretaries of the military departments, shall ensure
that all members of the Armed Forces understand and comply
with the rights and responsibilities specified in subsections
(b) and (c).
(2) Implementation.--The Secretary of Defense shall have
discretion regarding the manner in which this information
will be disseminated to members, except that, at a minimum,
the Secretary shall require acknowledgment of these rights
and responsibilities by a member at these occurrences during
the military service of the member:
(A) Recruitment.
(B) Enlistment and reenlistment.
(C) Commissioning.
(D) Promotion in rank.
(E) Selection for command.
(b) Member Rights.--Each member of the Armed Forces has the
following rights:
(1) To a workplace and battlespace free from the threat of
sexual violence, including harassment, abuse, assault, and
rape.
(2) To have every instance of illegal activity
appropriately investigated. Law enforcement agencies will
investigate every allegation of criminal behavior, and
commanders will respond appropriately to every report of
wrongdoing.
(3) To make a restricted or unrestricted report of a sex-
based criminal act. Victims will have access to vital
services whether they pursue an investigation or not.
(4) To use any and all reporting and prosecution avenues to
pursue an allegation of sexual assault.
(5) To not face retaliation for reporting a criminal
offense or harmful behavior.
(c) Member Responsibilities.--Each member of the Armed
Forces has the following responsibilities:
(1) To responsibly intervene in any situation that involves
the presence or threat of criminal behavior.
(2) To never leave another member behind in a situation of
risk to self or others, on the battlefield or anywhere else.
(3) To immediately report observation or knowledge of
criminal behavior to appropriate officials.
[[Page H3403]]
SEC. 530B. INSPECTOR GENERAL OF THE DEPARTMENT OF DEFENSE
REVIEW OF SEPARATION OF MEMBERS OF THE ARMED
FORCES WHO MADE UNRESTRICTED REPORTS OF SEXUAL
ASSAULT.
(a) Review Required.--The Inspector General of the
Department of Defense shall conduct a review--
(1) to identify all members of the Armed Forces who, since
January 1, 2002, were separated from the Armed Forces after
making an unrestricted report of sexual assault;
(2) to determine the circumstances of and grounds for each
such separation, including--
(A) whether the separation was in retaliation for or
influenced by the identified member making an unrestricted
report of sexual assault; and
(B) whether the identified member requested an appeal; and
(3) if an identified member was separated on the grounds of
having a personality or adjustment disorder, to determine
whether the separation was carried out in compliance with
Department of Defense Instruction 1332.14 and any other
applicable Department of Defense regulations, directives, and
policies.
(b) Submission of Results and Recommendations.--Not later
than 180 days after the date of the enactment of this Act,
the Inspector General of the Department of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives the results of the review
conducted under subsection (a), including such
recommendations as the Inspector General of the Department of
Defense considers necessary.
SEC. 530C. REPORT ON DATA AND INFORMATION COLLECTED IN
CONNECTION WITH DEPARTMENT OF DEFENSE REVIEW OF
LAWS, POLICIES, AND REGULATIONS RESTRICTING
SERVICE OF FEMALE MEMBERS OF THE ARMED FORCES.
(a) Report Required.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report containing the specific
results and data produced during the research programs,
tests, surveys, consultant reports, assessments, and similar
projects conducted to comply with the requirement of section
535 of the Ike Skelton National Defense Authorization Act for
Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4217) to
review laws, policies, and regulations that may restrict the
service of female members of the Armed Forces.
(b) Public Availability.--Subject to subsection (c), the
Secretary of Defense shall make the report required by
subsection (a) publically available.
(c) Rule of Construction.--Nothing in this section shall be
construed as a request or authority for the Secretary of
Defense to provide in the report required by subsection (a)
any personal information that would identify, or violate the
privacy of, members of the Armed Forces, including members
who participated in the research programs, tests, surveys,
reports, assessments, and similar projects conducted
regarding the possible future assignments of female members
of the Armed Forces.
SEC. 530D. SENSE OF CONGRESS REGARDING THE WOMEN IN SERVICE
IMPLEMENTATION PLAN.
(a) Findings.--Congress makes the following findings:
(1) In February 2012, the Secretary of Defense notified
Congress of the intent of the Secretary to rescind the co-
location restriction and to implement policy exceptions to
allow female members of the Armed Forces to be assigned to
specified positions in ground combat units at the battalion
level.
(2) On January 24, 2013, the Secretary of Defense and the
Joint Chiefs of Staff issued guidance to rescind the direct
combat exclusion rule for female members of the Armed Forces
and eliminate all unnecessary gender-based barriers to
service in the Armed Forces.
(3) The Secretaries of the military departments were
required to develop and submit their plans for implementation
of the rescission of the direct combat exclusion rule by May
15, 2013.
(4) As of 2013, there are approximately 202,000 female
members of the Armed Forces, approximately 20,000 female
members have served in Iraq and Afghanistan, and more than 60
female members have been killed in combat.
(b) Sense of Congress.--It is the sense of Congress that
the Secretaries of the military departments--
(1) no later than September 2015, should develop, review,
and validate individual occupational standards, using
validated gender-neutral occupational standards, so as to
assess and assign members of the Armed Forces to units,
including Special Operations Forces; and
(2) no later than January 1, 2016, should complete all
assessments.
Subtitle D--Military Justice, Including Sexual Assault Prevention and
Response
SEC. 531. LIMITATIONS ON CONVENING AUTHORITY DISCRETION
REGARDING COURT-MARTIAL FINDINGS AND SENTENCE.
(a) Elimination of Unlimited Command Prerogative and
Discretion.--Paragraph (1) of section 860(c) of title 10,
United States Code (article 60(c) of the Uniform Code of
Military Justice) is amended by striking the first sentence.
(b) Limitations on Discretion Regarding Court-martial
Findings.--Paragraph (3) of section 860(c) of title 10,
United States Code (article 60(c) of the Uniform Code of
Military Justice) is amended to read as follows:
``(3)(A) Action on the findings of a court-martial by the
convening authority or by another person authorized to act
under this section is not required.
``(B) If the convening authority or another person
authorized to act under this section acts on the findings of
a court-martial, the convening authority or other person may
not--
``(i) dismiss any charge or specification, other than a
charge or specification for a qualifying offense, by setting
aside a finding of guilty thereto; or
``(ii) change a finding of guilty to a charge or
specification, other than a charge or specification for a
qualifying offense, to a finding of guilty to an offense that
is a lesser included offense of the offense stated in the
charge or specification.
``(C) If the convening authority or another person
authorized to act under this section acts on the findings to
dismiss or change any charge or specification for a
qualifying offense, the convening authority or other person
shall provide, at that same time, a written explanation of
the reasons for such action. The written explanation shall be
made a part of the record of the trial and action thereon.
``(D)(i) In this paragraph, the term `qualifying offense'
means, except in the case of an offense specified in clause
(ii), an offense under this chapter for which--
``(I) the maximum sentence of confinement that may be
adjudged does not exceed two years; and
``(II) the sentence adjudged does not include dismissal, a
dishonorable or bad-conduct discharge, or confinement for
more than six months.
``(ii) Such term does not include the following:
``(I) An offense under section 920 of this title (article
120).
``(II) An offense under section 928 of this title (article
128), if such offense consisted of assault consummated by
battery upon child under 16 years of age.
``(III) An offense under section 934 of this title (article
134), if such offense consisted of indecent language
communicated to child under the age of 16 years.
``(IV) Such other offenses as the Secretary of Defense may
exclude by regulation.''.
(c) Limitations on Discretion to Modify an Adjudged
Sentence.--Section 860(c) of title 10, United States Code
(article 60(c) of the Uniform Code of Military Justice) is
amended--
(1) in paragraph (2), by striking ``The convening
authority'' and inserting the following:
``(B) Except as provided in paragraph (4), the convening
authority''; and
(2) by adding at the end the following new paragraph:
``(4)(A) Except as provided in subparagraphs (B) and (C),
the convening authority or another person authorized to act
under this section may not modify an adjudged sentence of
confinement or a punitive discharge or disapprove, commute,
or suspend an adjudged sentence of confinement or a punitive
discharge in whole or in part.
``(B)(i) Upon the recommendation of the trial counsel, the
convening authority or another person authorized to act under
this section shall have the authority to impose a sentence
below a level established by statute as a minimum sentence,
to impose a sentence of confinement below the adjudged
confinement sentence, or to disapprove, commute, or suspend
the adjudged sentence in whole or in part in recognition of
the substantial assistance by the accused in the
investigation or prosecution of another person who has
committed an offense.
``(ii) If a mandatory minimum sentence exists for a charge,
the convening authority or another person authorized to act
under this section may not modify an adjudged sentence to
reduce the sentence to less than the mandatory minimum
sentence or disapprove, commute, or suspend the adjudged
mandatory minimum sentence in whole or in part. This
limitation does not restrict the discretion of the convening
authority or another person authorized to act under this
section to modify, disapprove, commute, or suspend any
portion of the adjudged sentence that is in addition to the
mandatory minimum sentence.
``(C) In addition, if a mandatory minimum sentence does not
exist for a charge and a pre-trial agreement has been entered
into by the convening authority and the accused, as
authorized by Rule for Court-Martial 705, the convening
authority or another person authorized to act under this
section may take action to reduce, dismiss, or suspend an
adjudged sentence of confinement in whole or in part pursuant
to the terms of the pre-trial agreement.''.
(d) Explanation for Any Decision Disapproving, Commuting,
or Suspending Court-martial Sentence.--Section 860(c)(2) of
title 10, United States Code (article 60(c)(2) of the Uniform
Code of Military Justice), as amended by subsection (c)(1),
is further amended--
(1) by inserting ``(A)'' after ``(2)''; and
(2) by adding at the end the following new subparagraph:
``(C) If the convening authority or another person
authorized to act under this section acts to disapprove,
commute, or suspend the sentence in whole or in part, the
convening authority or other person shall provide, at that
same time, a written explanation of the reasons for such
action. The written explanation shall be made a part of the
record of the trial and action thereon.''.
(e) Conforming Amendment to Other Authority for Convening
Authority to Suspend Sentence.--Section 871(d) of such title
(article 71(d) of the Uniform Code of Military Justice) is
amended by adding at the end the following new sentence:
``Paragraphs (2) and (4) of subsection (c) of section 860 of
this title (article 60) shall apply to any decision by the
convening authority or such person to suspend the execution
of any sentence or part thereof under this subsection.''.
(f) Effective Date.--The amendments made by this section
shall take effect 180 days after
[[Page H3404]]
the date of the enactment of this Act and shall apply with
respect to findings and sentences of courts-martial reported
to convening authorities under section 860 of title 10,
United States Code (article 60 of the Uniform Code of
Military Justice), as amended by this section, on or after
that effective date.
SEC. 532. ELIMINATION OF FIVE-YEAR STATUTE OF LIMITATIONS ON
TRIAL BY COURT-MARTIAL FOR ADDITIONAL OFFENSES
INVOLVING SEX-RELATED CRIMES.
(a) Inclusion of Additional Offenses.--Section 843(a) of
title 10, United States Code (article 43(a) of the Uniform
Code of Military Justice) is amended by striking ``rape, or
rape of a child'' and inserting ``rape or sexual assault, or
rape or sexual assault of a child''.
(b) Conforming Amendment.--Section 843(b)(2)(B)(i) of title
10, United States Code (article 43(b)(2)(B)(i) of the Uniform
Code of Military Justice) is amended by inserting before the
period at the end the following: ``, unless the offense is
covered by subsection (a)''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act,
and shall apply with respect to an offense covered by section
920(b) or 920b(b) of title 10, United States Code (article
120(b) or 120b(b) of the Uniform Code of Military Justice)
that is committed on or after that date.
SEC. 533. DISCHARGE OR DISMISSAL FOR CERTAIN SEX-RELATED
OFFENSES AND TRIAL OF OFFENSES BY GENERAL
COURTS-MARTIAL.
(a) Mandatory Discharge or Dismissal Required.--
(1) Imposition.--Section 856 of title 10, United States
Code (article 56 of the Uniform Code of Military Justice) is
amended--
(A) by inserting ``(a)'' before ``The punishment''; and
(B) by adding at the end the following new subsection:
``(b)(1) While a person subject to this chapter who is
found guilty of an offense specified in paragraph (2) shall
be punished as a general court-martial may direct, such
punishment must include, at a minimum, dismissal or
dishonorable discharge.
``(2) Paragraph (1) applies to the following offenses:
``(A) An offense in violation of subsection (a) or (b) of
section 920 (article 120(a) or (b)).
``(B) Forcible sodomy under section 925 of this title
(article 125).
``(C) An attempt to commit an offense specified in
subparagraph (A) or (B) that is punishable under section 880
of this title (article 80).''.
(2) Clerical amendments.--
(A) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 856. Art. 56. Maximum and minimum limits''.
(B) Table of sections.--The table of sections at the
beginning of subchapter VIII of chapter 47 of such title is
amended by striking the item relating to section 856 and
inserting the following new item:
``856. Art 56. Maximum and minimum limits.''.
(b) Jurisdiction Limited to General Courts-martial.--
Section 818 of title 10, United States Code (article 18 of
the Uniform Code of Military Justice) is amended--
(1) by inserting ``(a)'' before the first sentence;
(2) in the third sentence, by striking ``However, a general
court-martial'' and inserting the following:
``(b) A general court-martial''; and
(3) by adding at the end the following new subsection:
``(c) Consistent with sections 819, 820, and 856(b) of this
title (articles 19, 20, and 56(b)), only general courts-
martial have jurisdiction over an offense specified in
section 856(b)(2) of this title (article 56(b)(2)).''.
(c) Additional Duties for Independent Panels.--
(1) Response systems panel.--The independent panel
established by the Secretary of Defense under subsection
(a)(1) of section 576 of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1758)
shall assess the appropriateness of statutorily mandated
minimum sentencing provisions for additional offenses under
the Uniform Code of Military Justice. The panel shall include
the results of the assessment in the report required by
subsection (c)(1) of such section.
(2) Judicial proceedings panel.--The independent panel
established by the Secretary of Defense under subsection
(a)(2) of section 576 of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1758)
shall assess the implementation and effect of the mandatory
minimum sentences established by section 856(b) of title 10,
United States Code (article 56(b) of the Uniform Code of
Military Justice), as added by subsection (a) of this
section. The panel shall include the results of the
assessment in one of the reports required by subsection
(c)(2)(B) of such section 576.
(d) Effective Date.--The amendments made by this section
shall take effect 180 days after the date of the enactment of
this Act, and apply to offenses specified in section
856(b)(2) of title 10, United States Code (article 56(b)(2)
of the Uniform Code of Military Justice), as added by
subsection (a)(1), committed after that date.
SEC. 534. REGULATIONS REGARDING CONSIDERATION OF APPLICATION
FOR PERMANENT CHANGE OF STATION OR UNIT
TRANSFER BY VICTIMS OF SEXUAL ASSAULT.
Section 673(b) of title 10, United States Code, is amended
by striking ``The Secretaries of the military departments''
and inserting ``The Secretary concerned''.
SEC. 535. CONSIDERATION OF NEED FOR, AND AUTHORITY TO PROVIDE
FOR, TEMPORARY ADMINISTRATIVE REASSIGNMENT OR
REMOVAL OF A MEMBER ON ACTIVE DUTY WHO IS
ACCUSED OF COMMITTING A SEXUAL ASSAULT OR
RELATED OFFENSE.
(a) In General.--Chapter 39 of title 10, United States
Code, is amended by inserting after section 673 the following
new section:
``Sec. 674. Temporary administrative reassignment or removal
of a member on active duty accused of committing a sexual
assault or related offense
``(a) Guidance for Timely Consideration and Action.--The
Secretary concerned may provide guidance, within guidelines
provided by the Secretary of Defense, for commanders
regarding their authority to make a timely determination, and
to take action, regarding whether a member of the armed
forces serving on active duty who is alleged to have
committed a sexual assault or other sex-related offense
covered by section 920, 920a, 920b, or 920c of this title
(article 120, 120a, 120b, or 120c of the Uniform Code of
Military Justice) should be temporarily reassigned or removed
from a position of authority or assignment, not as a punitive
measure, but solely for the purpose of maintaining good order
and discipline within the member's unit.
``(b) Time for Determinations.--A determination described
in subsection (a) may be made at any time after receipt of
notification of an unrestricted report of a sexual assault or
other sex-related offense that identifies the member as an
alleged perpetrator.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 673 the following new item:
``674. Temporary administrative reassignment or removal of a member on
active duty accused of committing a sexual assault or
related offense.''.
(c) Additional Training Requirement for Commanders.--The
Secretary of Defense shall provide for inclusion of
information and discussion regarding the availability and use
of the authority provided by section 674 of title 10, United
States Code, as added by subsection (a), as part of the
training for new and prospective commanders at all levels of
command required by section 585(b) of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 10
U.S.C. 1561 note).
SEC. 536. VICTIMS' COUNSEL FOR VICTIMS OF SEX-RELATED
OFFENSES AND RELATED PROVISIONS.
(a) Designation and Duties.--
(1) In general.--Chapter 53 of title 10, United States
Code, is amended by inserting after section 1044d the
following new section:
``Sec. 1044e. Victims' Counsel for victims of sex-related
offenses
``(a) Designation; Purposes.--The Secretary concerned shall
designate legal counsel (to be known as `Victims' Counsel')
for the purpose of providing legal assistance to an
individual eligible for military legal assistance under
section 1044 of this title who is the victim of an alleged
sex-related offense, regardless of whether the report of that
offense is restricted or unrestricted.
``(b) Types of Legal Assistance Authorized.--The types of
legal assistance authorized by subsection (a) include the
following:
``(1) Legal consultation regarding potential criminal
liability of the victim stemming from or in relation to the
circumstances surrounding the alleged sex-related offense and
the victim's right to seek military defense services.
``(2) Legal consultation regarding the Victim Witness
Assistance Program, including--
``(A) the rights and benefits afforded the victim;
``(B) the role of the Victim Witness Assistance Program
liaison and what privileges do or do not exist between the
victim and the liaison; and
``(C) the nature of communication made to the liaison in
comparison to communication made to a Victims' Counsel or a
legal assistance attorney under section 1044 of this title.
``(3) Legal consultation regarding the responsibilities and
support provided to the victim by the Sexual Assault Response
Coordinator, a unit or installation Sexual Assault Victim
Advocate or domestic abuse advocate, to include any
privileges that may exist regarding communications between
those persons and the victim.
``(4) Legal consultation regarding the potential for civil
litigation against other parties (other than the Department
of Defense).
``(5) Legal consultation regarding the military justice
system, including--
``(A) the roles and responsibilities of the trial counsel,
the defense counsel, and investigators;
``(B) any proceedings of the military justice process in
which the victim may observe or participate as a witness or
other party;
``(C) the Government's authority to compel cooperation and
testimony; and
``(D) the victim's responsibility to testify, and other
duties to the court.
``(6) Accompanying the victim at any proceedings in
connection with the reporting, military investigation, and
military prosecution of the alleged sex-related offense.
``(7) Legal consultation regarding--
``(A) services available from appropriate agencies or
offices for emotional and mental health counseling and other
medical services;
``(B) eligibility for and requirements for obtaining any
available military and veteran benefits, such as transitional
compensation benefits found in section 1059 of this title and
other State and Federal victims' compensation programs; and
``(C) the availability of, and any protections offered by,
civilian and military restraining orders.
``(8) Legal consultation and assistance in personal civil
legal matters in accordance with section 1044 of this title.
``(9) Such other legal assistance as the Secretary of
Defense (or, in the case of the Coast
[[Page H3405]]
Guard, the Secretary of the Department in which the Coast
Guard is operating) may authorize in the regulations
prescribed under subsection (g).
``(c) Qualifications.--An individual may not be designated
as a Victims' Counsel under this section unless the
individual--
``(1) meets the qualifications specified in section
1044(d)(2) of this title; ; and
``(2) is certified as competent to be designated as a
Victims' Counsel by the Judge Advocate General of the Armed
Force in which the judge advocate is a member or by which the
civilian attorney is employed.
``(d) Administrative Responsibility.--(1) Consistent with
the regulations prescribed under subsection (g), the Judge
Advocate General (as defined in section 801(1) of this title)
under the jurisdiction of the Secretary, and within the
Marine Corps the Staff Judge Advocate to the Commandant of
the Marine Corps, is responsible for the establishment and
supervision of individuals designated as Victims' Counsel.
``(2) The Secretary of Defense (and, in the case of the
Coast Guard, the Secretary of the Department in which the
Coast Guard is operating) shall conduct a periodic evaluation
of the Victims' Counsel programs operated under this section.
``(e) Availability of Victims' Counsel.--(1) An individual
eligible for military legal assistance under section 1044 of
this title who is the victim of an alleged sex-related
offense shall be offered the option of receiving assistance
from a Victims' Counsel upon report of an alleged sex-related
offense or at the time the victim seeks assistance from a
Sexual Assault Response Coordinator, a Sexual Assault Victim
Advocate, a military criminal investigator, a victim/witness
liaison, a trial counsel, a healthcare provider, or any other
personnel designated by the Secretary concerned for purposes
of this subsection.
``(2) The assistance of a Victims' Counsel under this
subsection shall be available to an individual eligible for
military legal assistance under section 1044 of this title
regardless of whether the individual elects unrestricted or
restricted reporting of the alleged sex-related offense. The
individual shall also be informed that the assistance of a
Victims' Counsel may be declined, in whole or in part, but
that declining such assistance does not preclude the
individual from subsequently requesting the assistance of a
Victims' Counsel.
``(f) Alleged Sex-related Offense Defined.--In this
section, the term `alleged sex-related offense' means any
allegation of--
``(1) a violation of section 920, 920a, 920b, 920c, or 925
of ths title (article 120, 120a, 120b, 120c, or 125 of the
Uniform Code of Military Justice); or
``(2) an attempt to commit an offense specified in a
paragraph (1) as punishable under section 880 of this title
(article 80 of the Uniform Code of Military Justice).
``(g) Regulations.--The Secretary of Defense and the
Secretary of the Department in which the Coast Guard is
operating shall prescribe regulations to carry out this
section.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1044d the following new item:
``1044e. Victims' Counsel for victims of sex-related offenses.''.
(3) Conforming amendments.--
(A) Qualifications of persons providing legal assistance.--
Section 1044(d)(2) of such title is amended by inserting
before the period at the end the following: ``and, for
purposes of service as a Victims' Counsel under section 1044e
of this title, meets the additional qualifications specified
in subsection (c)(2) of such section.''.
(B) Inclusion in definition of military legal assistance.--
Section 1044(d)(3)(B) of such title is amended by striking
``and 1044d'' and inserting ``1044d, 1044e, and
1565b(a)(1)(A)''.
(C) Access to legal assistance and services.--Section
1565b(a)(1)(A) of such title is amended by striking ``section
1044'' and inserting ``sections 1044 and 1044e''.
(4) Implementation.--Section 1044e of title 10, United
States Code, as added by paragraph (1), shall be implemented
within six months after the date of the enactment of this
Act.
(b) Enhanced Training Requirement.--The Secretary of each
military department, and the Secretary of Homeland Security
with respect to the Coast Guard when it is not operating as a
service in the Department of the Navy, shall implement,
consistent with the guidelines provided under section 1044e
of title 10, United States Code, as added by subsection (a),
in-depth and advanced training for all military and civilian
attorneys providing legal assistance under section 1044 or
1044e of such to support victims of alleged sex-related
offenses.
(c) Secretary of Defense Implementation Report.--
(1) Report required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of Homeland Security with
respect to the Coast Guard, shall submit to the Committees on
Armed Services and Commerce, Science, and Transportation of
the Senate and the Committees on Armed Services and
Transportation and Infrastructure of the House of
Representatives a report describing how the Armed Forces will
implement the requirements of section 1044e of title 10,
United States Code, as added by subsection (a).
(2) Additional submission requirement.--The report required
by paragraph (1) shall also be submitted to the independent
review panel established by the Secretary of Defense under
section 576(a)(1) of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1758) and
to the Joint Services Committee on Military Justice.
(c) Additional Duties for Independent Panels.--
(1) Response systems panel.--The independent panel
established by the Secretary of Defense under subsection
(a)(1) of section 576 of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1758)
shall conduct an assessment regarding whether the roles,
responsibilities, and authorities of Victims' Counsel to
provide legal assistance under section 1044e of title 10,
United States Code, as added by subsection (a), to victims of
alleged sex-related offenses should be expanded to include
legal standing to represent the victim during investigative
and military justice proceedings in connection with the
prosecution of the offense. The panel shall include the
results of the assessment in the report required by
subsection (c)(1) of such section.
(2) Judicial proceedings panel.--The independent panel
established by the Secretary of Defense under subsection
(a)(2) of section 576 of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1758)
shall conduct an assessment of the implementation and effect
of section 1044e of title 10, United States Code, as added by
subsection (a), and make such recommendations for
modification of such section 1044e as the panel considers
appropriate. The panel shall include the results of the
assessment and its recommendations in one of the reports
required by subsection (c)(2)(B) of such section 576.
SEC. 537. INSPECTOR GENERAL INVESTIGATION OF ALLEGATIONS OF
RETALIATORY PERSONNEL ACTIONS TAKEN IN RESPONSE
TO MAKING PROTECTED COMMUNICATIONS REGARDING
SEXUAL ASSAULT.
Section 1034(c)(2)(A) of title 10, United States Code, is
amended by striking ``sexual harassment or'' and inserting
``rape, sexual assault, or other sexual misconduct in
violation of sections 920 through 920c of this title
(articles 120 through 120c of the Uniform Code of Military
Justice), sexual harassment, or''.
SEC. 538. SECRETARY OF DEFENSE REPORT ON ROLE OF COMMANDERS
IN MILITARY JUSTICE PROCESS.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report containing--
(1) an assessment of the current role and authorities of
commanders in the administration of military justice and the
investigation, prosecution, and adjudication of offenses
under the Uniform Code of Military Justice; and
(2) a recommendation by the Secretary of Defense regarding
whether the role and authorities of commanders should be
further modified or repealed.
SEC. 539. REVIEW AND POLICY REGARDING DEPARTMENT OF DEFENSE
INVESTIGATIVE PRACTICES IN RESPONSE TO
ALLEGATIONS OF SEX-RELATED OFFENSES.
(a) Review.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall conduct
a review of the practices of the military criminal
investigative organizations (Army Criminal Investigation
Command, Naval Criminal Investigative Service, and Air Force
Office of Special Investigation) regarding the investigation
of alleged sex-related offenses involving members of the
Armed Forces, including the extent to which the military
criminal investigative organizations make a recommendation
regarding whether an allegation of a sex-related offense
appears founded or unfounded.
(b) Policy.--After conducting the review required by
subsection (a), the Secretary of Defense shall develop a
uniform policy for the Armed Forces, to the extent
practicable, regarding the use of case determinations to
record the results of the investigation of a sex-related
offense. In developing the policy, the Secretary shall
consider the feasibility of adopting case determination
methods, such as the uniform crime report, used by
nonmilitary law enforcement agencies.
(c) Sex-related Offense Defined.--In this section, the term
``sex-related offense'' includes--
(1) any offense covered by section 920, 920a, 920b, 920c,
or 925 of title 10, United States Code (article 120, 120a,
120b, 120c, or 125 of the Uniform Code of Military Justice);
or
(2) an attempt to commit an offense specified in a
paragraph (1) as punishable under section 880 of such title
(article 80 of the Uniform Code of Military Justice).
SEC. 540. UNIFORM TRAINING AND EDUCATION PROGRAMS FOR SEXUAL
ASSAULT PREVENTION AND RESPONSE PROGRAM.
Section 585(a) of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1434; 10
U.S.C. 1561 note) is amended--
(1) in paragraph (1)--
(A) in the first sentence, by striking ``Not later than one
year after the date of the enactment of this Act, the
Secretary of each military department shall develop a
curriculum to provide sexual assault prevention and response
training and education for members of the Armed Forces under
the jurisdiction of the Secretary and civilian employees of
the military department'' and inserting ``Not later than June
30, 2014, the Secretary of Defense shall develop a uniform
curriculum to provide sexual assault prevention and response
training and education for members of the Armed Forces and
civilian employees of the Department of Defense''; and
(B) in the second sentence, by inserting ``including lesson
plans to achieve core competencies and learning objectives,''
after ``curriculum,''; and
(2) in paragraph (3)--
(A) by striking ``Consistent training.--The Secretary of
Defense shall ensure'' and inserting
[[Page H3406]]
``Uniform training.--The Secretary of Defense shall
require''; and
(B) by striking ``consistent'' and inserting ``uniform''.
SEC. 541. DEVELOPMENT OF SELECTION CRITERIA FOR ASSIGNMENT AS
SEXUAL ASSAULT RESPONSE AND PREVENTION PROGRAM
MANAGERS, SEXUAL ASSAULT RESPONSE COORDINATORS,
SEXUAL ASSAULT VICTIM ADVOCATES, AND SEXUAL
ASSAULT NURSE EXAMINERS-ADULT/ADOLESCENT.
(a) Qualifications for Assignment.--Section 1602(e)(2) of
the Ike Skelton National Defense Authorization Act for Fiscal
Year 2011 (Public Law 111-383; 10 U.S.C. 1561 note; 124 Stat.
4431) is amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
and
(2) by striking subparagraph (A) and inserting the
following new subparagraphs:
``(A) the qualifications necessary for a member of the
Armed Forces or a civilian employee of the Department of
Defense to be selected for assignment to duty as a Sexual
Assault Response and Prevention Program Manager, Sexual
Assault Response Coordinator, or Sexual Assault Victim
Advocate, whether assigned to such duty on a full-time or
part-time basis;
``(B) consistent with section 584(c) of the National
Defense Authorization Act for Fiscal Year 2012 (Public Law
112-81; 10 U.S.C. 1561 note; 125 Stat. 1433), the training,
certification, and status of members of the Armed Forces and
civilian employees of the department assigned to duty as
Sexual Assault Response and Prevention Program Managers,
Sexual Assault Response Coordinators, and Sexual Assault
Victim Advocates for the Armed Forces; and''.
(b) Assignment of Sexual Assault Nurse Examiners-Adult/
Adolescent to Certain Military Units.--
(1) Assignment to certain military units.--Section 584 of
the National Defense Authorization Act for Fiscal Year 2012
(Public Law 112-81; 10 U.S.C. 1561 note) is amended--
(A) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(B) by inserting after subsection (b) the following new
subsection (c):
``(c) Sexual Assault Nurse Examiners-Adult/Adolescent.--
``(1) Assignment requirements.--The Secretary of each
military department shall assign at least one Sexual Assault
Nurse Examiner-Adult/Adolescent to each brigade or equivalent
unit level of each armed force under the jurisdiction of that
Secretary unless assignment to other units is determined to
be more practicable and effective by the Secretary of
Defense. The Secretary of the military department concerned
may assign additional Sexual Assault Nurse Examiners-Adult/
Adolescent as necessary based on the demographics or needs of
a military unit. The Secretary of the military department
concerned may waive the assignment requirement for a specific
unit level if that Secretary determines that compliance will
impose an undue burden, except that the Secretary shall
notify Congress of each waiver and explain how compliance
would impose an undue burden.
``(2) Eligible persons.--On and after October 1, 2015, only
members of the armed forces and civilian employees of the
Department of Defense may be assigned to duty as a Sexual
Assault Nurse Examiner-Adult/Adolescent. The Secretary of the
military department concerned may satisfy paragraph (1)
through the assignment of additional personnel to a unit or
by assigning the duties of a Sexual Assault Nurse Examiner-
Adult/Adolescent to current personnel of the unit, so long as
such personnel meet the training and certification
requirements of subsection (d).''.
(2) Training and certification.--Subsection (d) of such
section, as redesignated by paragraph (1)(A), is amended--
(A) in paragraph (1), by striking ``assigned under
subsection (a) and Sexual Assault Victim Advocates assigned
under subsection (b)'' and inserting ``, Sexual Assault
Victim Advocates, and Sexual Assault Nurse Examiners-Adult/
Adolescent assigned under this section'';
(B) in paragraph (2), by adding at the end the following
new sentence: ``In the case of the curriculum and other
components of the program for certification of Sexual Assault
Nurse Examiners-Adult/Adolescent, the Secretary of Defense
shall utilize the most recent guidelines and standards as
outlined by the Department of Justice, Office on Violence
Against Women, in the National Training Standards for Sexual
Assault Medical Forensic Examiners.''; and
(C) in paragraph (3), by adding at the end the following
new sentence: ``On and after October 1, 2015, before a member
or civilian employee may be assigned to duty as a Sexual
Assault Nurse Examiner-Adult/Adolescent under subsection (c),
the member or employee must have completed the training
program required by paragraph (1) and obtained the
certification.''.
(c) Conforming Amendments.--Section 584 of the National
Defense Authorization Act for Fiscal Year 2012 (Public Law
112-81; 10 U.S.C. 1561 note; 125 Stat. 1432) is amended--
(1) in subsection (a)(2), by inserting ``who satisfy the
selection criteria established under section 1602(e)(2) of
the Ike Skelton National Defense Authorization Act for Fiscal
Year 2011 (Public Law 111-383; 10 U.S.C. 1561 note; 124 Stat.
4431)'' after ``Defense''; and
(2) in subsection (b)(2), by inserting ``who satisfy the
selection criteria established under section 1602(e)(2) of
the Ike Skelton National Defense Authorization Act for Fiscal
Year 2011'' after ``Defense''.
(d) Clerical Amendment.--The heading of section 584 of the
National Defense Authorization Act for Fiscal Year 2012
(Public Law 112-81; 10 U.S.C. 1561 note) is amended to read
as follows:
``SEC. 584. SEXUAL ASSAULT RESPONSE COORDINATORS, SEXUAL
ASSAULT VICTIM ADVOCATES, AND SEXUAL ASSAULT
NURSE EXAMINERS-ADULT/ADOLESCENT.''.
SEC. 542. EXTENSION OF CRIME VICTIMS' RIGHTS TO VICTIMS OF
OFFENSES UNDER THE UNIFORM CODE OF MILITARY
JUSTICE.
(a) Victims' Rights.--
(1) In general.--Subchapter I of chapter 47 of title 10,
United States Code (the Uniform Code of Military Justice), is
amended by adding at the end the following new section
(article):
``Sec. 806b. Art. 6b. Rights of victims of offenses under
this chapter
``(a) Rights of a Victim of a Military Crime.--A victim of
a military crime has the following rights:
``(1) The right to be reasonably protected from the
accused.
``(2) The right to reasonable, accurate, and timely notice
of any public proceeding in an investigation under section
832 of this title (article 32), court-martial, involuntary
plea hearing, pre-sentencing hearing, or parole hearing
involving the offense or of any release or escape of the
accused.
``(3) The right not to be excluded from any such public
proceeding, referred to in paragraph (2) unless the military
judge, after receiving clear and convincing evidence,
determines that testimony by the victim of a military crime
would be materially altered if the victim of a military crime
heard other testimony at that proceeding.
``(4) The reasonable right to confer with the trial counsel
in the case.
``(5) The right to full and timely restitution as provided
in law.
``(6) The right to proceedings free from unreasonable
delay.
``(7) The right to be treated with fairness and with
respect for the dignity and privacy of the victim of a
military crime.
``(b) Duty of Military Judge.--In any court-martial
proceeding involving an offense against a victim of a
military crime, the military judge shall ensure that the
victim of a military crime is afforded the rights described
in subsection (a). Before making a determination described in
subsection (a)(3), the military judge shall make every effort
to permit the fullest attendance possible by the victim of a
military crime and shall consider reasonable alternatives to
the exclusion of the victim of a military crime from the
criminal proceeding. The reasons for any decision denying
relief under this subsection shall be clearly stated on the
record.
``(c) Best Efforts Required.--(1) Military judges, trial
and defense counsel, military criminal investigation
organizations, services, and personnel, and other members and
personnel of the Department of Defense engaged in the
detection, investigation, or prosecution of offenses under
this chapter (the Uniform Code of Military Justice) shall
make their best efforts to see that a victim of a military
crime is notified of, and accorded, the rights described in
subsection .
``(2) The trial counsel in a case shall advise a victim of
a military crime that the victim of a military crime can seek
the advice of an attorney with respect to the rights
described in subsection (a).
``(3) Notice of release otherwise required pursuant to this
chapter shall not be given if such notice may endanger the
safety of any person.
``(d) Victim of a Military Crime Defined.--
``(1) Definition.--In this section, the term `victim of a
military crime' means a person who has suffered direct
physical, emotional, or pecuniary harm as a result of the
commission of a crime in violation of this chapter (the
Uniform Code of Military Justice) or in violation of the law
of another jurisdiction if any portion of the investigation
of the violation of that law was conducted primarily by a
military criminal investigative organization (Army Criminal
Investigation Command, Naval Criminal Investigative Service,
or Air Force Office of Special Investigation). The term shall
include, at a minimum, the following:
``(A) Members of the armed forces and their dependents.
``(B) Civilian employees of the Department of Defense and
contractor employees stationed outside the continental United
States and their dependents residing with them.
``(C) Such other individuals as the Secretary of Defense
determines should be included.
``(2) Treatment of certain victims.--In the case of a
victim of a military crime who is under 18 years of age,
incompetent, incapacitated, or deceased, the term shall also
include an individual acting on behalf of the victim who is
(in order of precedence) a spouse, parent, legal guardian,
child, sibling, or another dependent of the victim or another
person designated by the military judge, but in no event
shall an accused be designated or included.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter I of chapter 47 of such title (the
Uniform Code of Military Justice) is amended by adding at the
end the following new item:
``806b. Art. 6b. Victims' rights of victims of offenses under this
chapter.''.
(b) Procedures To Promote Compliance.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
recommend to the President changes to the Manual for Courts-
Martial, and prescribe such other regulations as the
Secretary considers appropriate, to implement section 806b of
title 10, United States Code (article 6b of the Uniform Code
of Military Justice), as added by subsection (a).
(2) Elements.--The modifications and regulations issued
pursuant to paragraph (1) shall include the following:
(A) The designation of an administrative authority within
the Department of Defense to
[[Page H3407]]
oversee the implementation of such section 806(b), and within
each Armed Force, an authority to receive and investigate
complaints relating to the provision or violation of the
rights of victims of military crimes.
(B) A requirement for a course of training for judge
advocates and other appropriate members of the Armed Forces
and personnel of the Department to promote compliance with
and implementation of such section 806b and assist such
personnel in responding more effectively to the needs of
victims of military crimes.
(C) Disciplinary sanctions for members of the Armed Forces
and other personnel of the Department of Defense, including
suspension or termination from employment in the case of
employees of the Department, who willfully or wantonly fail
to comply with such section 806b.
(D) Mechanisms to ensure that the Secretary of Defense
shall be the final arbiter of a complaint authorized pursuant
to subparagraph (A) by a victim of a military crime that the
victim was not afforded a right under such section 806b.
(c) Additional Duty for Response Systems Independent
Panel.--The independent panel established by the Secretary of
Defense under subsection (a)(1) of section 576 of the
National Defense Authorization Act for Fiscal Year 2013
(Public Law 112-239; 126 Stat. 1758) shall assess the
feasibility and appropriateness of extending to victims of
military crimes the additional right afforded a crime victim
in civilian criminal legal proceedings under subsection
(a)(4) of section 3771 of title 18, United States Code, and
the legal standing to seek enforcement of crime victim rights
provided by subsection (d) of such section. The panel shall
include the results of the assessment in the report required
by subsection (c)(1) of such section.
SEC. 543. DEFENSE COUNSEL INTERVIEW OF COMPLAINING WITNESSES
IN PRESENCE OF COUNSEL FOR THE COMPLAINING
WITNESS OR A SEXUAL ASSAULT VICTIM ADVOCATE.
Section 846 of title 10, United States Code (article 46 of
the Uniform Code of Military Justice), is amended--
(1) by inserting ``(a) Opportunity To Obtain Witnesses and
Other Evidence.--''before ``The trial counsel'';
(2) by striking ``Process issued'' and inserting the
following:
``(c) Process.--Process issued''; and
(3) by inserting after subsection (a), as designated by
paragraph (1), the following new subsection (b):
``(b) Interview of Complaining Witnesses by Defense
Counsel.--(1) Upon notice by trial counsel to defense counsel
of the name and address of the complaining witness or
witnesses trial counsel intends to call to testify in any
portion of an investigation under section 832 of this title
(article 32) or a court-martial under this chapter, defense
counsel shall make all requests to interview any such
complaining witness through trial counsel.
``(2) If requested by a complaining witness subject to a
request for interview under paragraph (1), any interview of
the witness by defense counsel shall take place only in the
presence of counsel for the complaining witness or a Sexual
Assault Victim Advocate.
``(3) In this subsection, the term `complaining witness'
means a person who has suffered a direct physical, emotional,
or pecuniary harm as a result of a commission of an offense
under this chapter (the Uniform Code of Military Justice).''.
SEC. 544. PARTICIPATION BY COMPLAINING WITNESSES IN CLEMENCY
PHASE OF COURTS-MARTIAL PROCESS.
Section 860(b) of title 10, United States Code (article
60(b) of the Uniform Code of Military Justice), is amended--
(1) by inserting ``(A)'' after ``(b)(1)'';
(2) by redesignating paragraphs (2), (3), and (4) as
subparagraphs (B), (C), and (D), respectively, and, in such
subparagraphs as so redesignated, by striking ``paragraph
(1)'' each place it appears and inserting ``subparagraph
(A)''; and
(3) by adding at the end the following new paragraphs:
``(2)(A) In any case in which findings and sentence have
been adjudged for an offense involving a complaining witness,
the complaining witness shall be provided an opportunity to
submit matters for consideration by the convening authority
or by another person authorized to act under this section
before the convening authority or such other person takes
action under this section. Such a submission shall be made
within 10 days after the complaining witness has been given
an authenticated record of trial and, if applicable, the
recommendation of the staff judge advocate or legal officer
under subsection (d).
``(B) If a complaining witness shows that additional time
is required for submission of matters under subparagraph (A),
the convening authority or other person taking action under
this section, for good cause, may extend the submission
period for not more than an additional 20 days.
``(C) In this paragraph, the term `complaining witness'
means a person who has suffered a direct physical, emotional,
or pecuniary harm as a result of a commission of an offense
under this chapter (the Uniform Code of Military Justice).
``(3) The convening authority shall not consider under this
section any submitted matters that go to the character of a
complaining witness unless such matters were presented at the
trial.''.
SEC. 545. EIGHT-DAY INCIDENT REPORTING REQUIREMENT IN
RESPONSE TO UNRESTRICTED REPORT OF SEXUAL
ASSAULT IN WHICH THE VICTIM IS A MEMBER OF THE
ARMED FORCES.
(a) Incident Reporting Policy Requirement.--The Secretary
of Defense and the Secretary of the Department in which the
Coast Guard is operating shall establish and maintain a
policy to require the submission by a designated person of a
written incident report not later than eight days after an
unrestricted report of sexual assault has been made in which
a member of the Armed Forces is the victim. At a minimum,
this incident report shall be provided to the following:
(1) The installation commander, if such incident occurred
on or in the vicinity of a military installation.
(2) The first officer in the grade of 0-6 in the chain of
command of the victim.
(3) The first general officer or flag officer in the chain
of command of the victim.
(b) Purpose of the Report.--The purpose of the required
incident report under subsection (a) is to detail the actions
taken or in progress to provide the necessary care and
support to the victim of the assault, to refer the allegation
of sexual assault to the appropriate investigatory agency,
and to provide initial notification of the serious incident
when that notification has not already taken place.
(c) Elements of Report.--
(1) In general.--The report of an incident under subsection
(a) shall include, at a minimum, the following:
(A) Time/Date/Location of incident.
(B) Type of offense allegation.
(C) Service affiliation, assigned unit, and location of the
victim.
(D) Service affiliation, assigned unit, and location of the
alleged offender, including information regarding whether the
alleged offender has been temporarily transferred or removed
from an assigned billet or ordered to pretrial confinement or
otherwise restricted, if applicable.
(E) Post-incident actions taken in connection with the
incident, including the following:
(i) Referral of the victim to medical services and all
other services available for members of the Armed Forces who
are victims of sexual assault, including the date of each
such referral.
(ii) Receipt and processing status of a request for
expedited victim transfer, if applicable.
(iii) Notification of incident to appropriate investigatory
offices, including the organization notified and date of such
notification.
(iv) Issuance of any military protective orders in
connection with the incident.
(2) Modification.--
(A) In general.--The Secretary of Defense may modify the
elements required in a report under this section regarding an
incident involving a member of the Armed Forces (including
the Coast Guard when it is operating as service in the
Department of the Navy) if the Secretary determines that such
modification will facilitate compliance with best practices
for such reporting as identified by the Sexual Assault
Prevention and Response Office of the Department of Defense.
(B) Coast guard.--The Secretary of the Department in which
the Coast Guard is operating may modify the elements required
in a report under this section regarding an incident
involving a member of the Coast Guard if the Secretary
determines that such modification will facilitate compliance
with best practices for such reporting as identified by the
Coast Guard Office of Work-Life Programs.
(3) For official use only.--A report under this section
shall be intended for official use only and shall not be
distributed beyond the requirements listed above.
(d) Regulations.--Not later than 180 days after enactment,
The Secretary of Defense and the Secretary of the Department
in which the Coast Guard is operating shall prescribe
regulations to carry out this section.
SEC. 546. AMENDMENT TO MANUAL FOR COURTS-MARTIAL TO ELIMINATE
CONSIDERATIONS RELATING TO CHARACTER AND
MILITARY SERVICE OF ACCUSED IN INITIAL
DISPOSITION OF SEX-RELATED OFFENSES.
(a) Amendment Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the President a proposed amendment to rule
306 of the Manual for Courts-Martial (relating to policy on
initial disposition of offenses) to eliminate the character
and military service of the accused from the list of factors
that may be considered by the disposition authority in
disposing of a sex-related offense.
(b) Sex-related Offense Defined.--In this section, a ``sex-
related offense'' includes--
(1) any offense covered by section 920, 920a, 920b, 920c,
or 925 of title 10, United States Code (article 120, 120a,
120b, 120c, or 125 of the Uniform Code of Military Justice);
or
(2) an attempt to commit an offense specified in a
paragraph (1) as punishable under section 880 of such title
(article 80 of the Uniform Code of Military Justice).
SEC. 547. INCLUSION OF LETTER OF REPRIMANDS, NONPUNITIVE
LETTER OF REPRIMANDS AND COUNSELING STATEMENTS.
(a) Inclusion in Performance Evaluation Reports.--The
Secretary of Defense shall require commanders to include
letter of reprimands, nonpunitive letter of actions and
counseling statements involving substantiated cases of sexual
harassment or sexual assault in the performance evaluation
report of a member of the Armed Forces for the purpose of--
(1) providing commanders increased visibility of the
background information of members of the unit;
(2) identifying and preventing trends of bad behavior early
and effectively disciplining repeated actions which hinder
units from fostering a healthy climate; and
(3) preventing the transfer of sexual offenders.
(b) Definitions.--In this section:
(1) The term ``sexual harassment'' has the meaning given
such term in Department of Defense Directive 1350.2,
Department of Defense Military Equal Opportunity Program.
[[Page H3408]]
(2) The term ``sexual assault'' means any of the offenses
described in section 920 of title 10, United States Code
(article 120 of the Uniform Code of Military Justice).
SEC. 548. ENHANCED PROTECTIONS FOR PROSPECTIVE MEMBERS AND
NEW MEMBERS OF THE ARMED FORCES DURING ENTRY-
LEVEL PROCESSING AND TRAINING.
(a) Defining Inappropriate and Prohibited Relationships,
Communication, Conduct, and Contact Between Certain
Members.--
(1) Policy required.--The Secretary of Defense and the
Secretary of the Department in which the Coast Guard is
operating shall establish and maintain a policy to uniformly
define and prescribe, for the persons described in paragraph
(2), what constitutes an inappropriate and prohibited
relationship, communication, conduct, or contact, including
when such an action is consensual, between a member of the
Armed Forces described in paragraph (2)(A) and a prospective
member or member of the Armed Forces described in paragraph
(2)(B).
(2) Covered members.--The policy required by paragraph (1)
shall apply to--
(A) a member of the Armed Forces who is superior in rank
to, exercises authority or control over, or supervises a
person described in subparagraph (B) during the entry-level
processing or training of the person; and
(B) a prospective member of the Armed Forces or a member of
the Armed Forces undergoing entry-level processing or
training.
(3) Inclusion of certain members required.--The members of
the Armed Forces covered by paragraph (2)(A) shall include,
at a minimum, military personnel assigned or attached to
duty--
(A) for the purpose of recruiting or assessing persons for
enlistment or appointment as a commissioned officer, warrant
officer, or enlisted member of the Armed Forces;
(B) at a Military Entrance Processing Station; or
(C) at an entry-level training facility or school of an
Armed Force.
(b) Effect of Violations.--A member of the Armed Forces who
violates the policy established pursuant to subsection (a)
shall be subject to prosecution under the Uniform Code of
Military Justice.
(c) Processing for Administrative Separation.--
(1) In general.--(A) The Secretary of Defense and the
Secretary of the Department in which the Coast Guard is
operating shall require the processing for administrative
separation of any member of the Armed Forces described in
subsection (a)(2)(A) in response to the first substantiated
violation by the member of the policy established pursuant to
subsection (a), when the member is not otherwise punitively
discharged or dismissed from the Armed Forces for that
violation.
(B) The Secretary of each military department shall revise
regulations applicable to the Armed Forces under the
jurisdiction of the Secretary as necessary to ensure
compliance with the requirement under subparagraph (A).
(2) Required elements.--(A) In imposing the requirement
under paragraph (1), the Secretaries shall ensure that any
separation decision regarding a member of the Armed Forces is
based on the full facts of the case and that due process
procedures are provided under existing law or regulations or
additionally prescribed, as considered necessary by the
Secretaries, pursuant to subsection (f).
(B) The requirement imposed by paragraph (1) shall not be
interpreted to limit or alter the authority of the Secretary
of a military department and the Secretary of the Department
in which the Coast Guard is operating to process members of
the Armed Forces for administrative separation--
(i) for reasons other than a substantiated violation of the
policy established pursuant to subsection (a); or
(ii) under other provisions of law or regulation.
(3) Substantiated violation.--For purposes of paragraph
(1), a violation by a member of the Armed Forces described in
subsection (a)(2)(A) of the policy established pursuant to
subsection (a) shall be treated as substantiated if--
(A) there has been a court-martial conviction for violation
of the policy, but the adjudged sentence does not include
discharge or dismissal; or
(B) a nonjudicial punishment authority under section 815 of
title 10, United States Code (article 15 of the Uniform Code
of Military Justice) has determined that a member has
committed an offense in violation of the policy and imposed
nonjudicial punishment upon the member.
(d) Proposed Uniform Code of Military Justice Punitive
Article.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives--
(1) a proposed amendment to chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice) to create
an additional article under subchapter X of such chapter
regarding violations of the policy required by subsection
(a); and
(2) the conforming changes to part IV, punitive articles,
in the Manual for Courts-Martial that will be necessary upon
adoption of such article.
(e) Definitions.--In this section:
(1) The term ``entry-level processing or training'', with
respect to a member of the Armed forces, means the period
beginning on the date on which the member became a member of
the Armed Forces and ending on the date on which the member
physically arrives at that member's first duty assignment
following completion of initial entry training (or its
equivalent), as defined by the Secretary of the military
department concerned or the Secretary of the Department in
which the Coast Guard is operating.
(2) The term ``prospective member of the Armed Forces''
means a person who has had a face-to-face meeting with a
member of the Armed Forces assigned or attached to duty
described in subsection (a)(3)(A) regarding becoming a member
of the Armed Forces, regardless of whether the person
eventually becomes a member of the Armed Forces.
(f) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense and the
Secretary of the Department in which the Coast Guard is
operating shall issue such regulations as may be necessary to
carry out this section. The Secretary of Defense shall ensure
that, to the extent practicable, the regulations are uniform
for each armed force under the jurisdiction of that
Secretary.
SEC. 549. INDEPENDENT REVIEWS AND ASSESSMENTS OF UNIFORM CODE
OF MILITARY JUSTICE AND JUDICIAL PROCEEDINGS OF
SEXUAL ASSAULT CASES.
(a) Additional Duties for Response Systems Panel Regarding
Disposition Authority.--
(1) In general.--The independent panel established by the
Secretary of Defense under subsection (a)(1) of section 576
of the National Defense Authorization Act for Fiscal Year
2013 (Public Law 112-239; 126 Stat. 1758) shall--
(A) conduct an assessment of the impact, if any, that
removing from the chain of command any disposition authority
regarding charges preferred under the Uniform Code of
Military Justice would have on overall reporting and
prosecution of sexual assault cases; and
(B) review and provide comment on the report of the
Secretary of Defense on the role of military commanders in
the military justice process, which is required pursuant to
section 538 of this Act.
(2) Submission of results.--The panel shall include the
results of the assessment and review and its recommendations
and comments in the report required by subsection (c)(1) of
such section 576, as amended by subsection (b) of this
section.
(b) Earlier Submission Deadline for Report of the Response
Systems Panel.--Subsection (c) of section 576 of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law
112-239; 126 Stat. 1758) is amended by striking paragraph (1)
and inserting the following new paragraph:
``(1) Response systems panel.--Not later than one year
after the date of the first meeting of the panel established
under subsection (a)(1), the panel shall submit a report of
its findings and recommendations, through the Secretary of
Defense, to the Committees on Armed Services of the Senate
and the House of Representatives. The panel shall terminate
30 days after submission of such report.''.
SEC. 550. REVIEW OF THE OFFICE OF DIVERSITY MANAGEMENT AND
EQUAL OPPORTUNITY ROLE IN SEXUAL HARASSMENT
CASES.
(a) Review Required.--The Secretary of Defense shall
conduct a review of the Office of Diversity Management and
Equal Opportunity for the purposes specified in subsection
(b).
(b) Elements of Study.--In conducting the review under
subsection (a), the Secretary of Defense shall--
(1) identify and evaluate the resource and personnel gaps
in the Office;
(2) identify and evaluate the role of the Office in sexual
harassment cases; and
(3) evaluate how the Office works with the Sexual Assault
Prevention and Response Office to address sexual harassment
in the Armed Forces.
(c) Definition.--In this section, the term ``sexual
harassment'' has the meaning given such term in Department of
Defense Directive 1350.2, Department of Defense Military
Equal Opportunity Program.
Subtitle E--Military Family Readiness
SEC. 551. DEPARTMENT OF DEFENSE RECOGNITION OF SPOUSES OF
MEMBERS OF THE ARMED FORCES WHO SERVE IN COMBAT
ZONES.
(a) Establishment and Presentation of Lapel Buttons.--
Chapter 57 of title 10, United States Code, is amended by
inserting after section 1126 the following new section:
``Sec. 1126a. Spouse-of-a-combat-veteran lapel button:
eligibility and presentation
``(a) Design and Eligibility.--A lapel button, to be known
as the spouse-of-a-combat-veteran lapel button, shall be
designed, as approved by the Secretary of Defense, to
identify and recognize the spouse of a member of the armed
forces who is serving or has served in a combat zone for a
period of more than 30 days.
``(b) Presentation.--The Secretary concerned may authorize
the use of appropriated funds to procure spouse-of-a-combat-
veteran lapel buttons and to provide for their presentation
to eligible spouses of members.
``(c) Exception to Time-period Requirement.--The 30-day
period specified in subsection (a) does not apply if the
member is killed or wounded in the combat zone before the
expiration the period.
``(d) License to Manufacture and Sell Lapel Buttons.--
Section 901(c) of title 36 shall apply with respect to the
spouse-of-a-combat-veteran lapel button authorized by this
section.
``(e) Combat Zone Defined.--In this section, the term
`combat zone' has the meaning given that term in section
112(c)(2) of the Internal Revenue Code of 1986.
``(f) Regulations.--The Secretary of Defense shall issue
such regulations as may be necessary to carry out this
section. The Secretary shall ensure that the regulations are
uniform for each armed force to the extent practicable.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1126 the following new item:
[[Page H3409]]
``1126a. Spouse-of-a-combat-veteran lapel button: eligibility and
presentation.''.
(c) Sense of Congress Regarding Implementation.--It is the
sense of Congress that, as soon as practicable once the
spouse-of-a-combat-veteran lapel button becomes available,
the Secretary of Defense should--
(1) widely announce the availability of spouse-of-a-combat-
veteran lapel buttons through military and public information
channels; and
(2) encourage commanders at all levels to conduct
ceremonies recognizing the support provided by spouses of
members of the Armed Forces and to use the ceremonies as an
opportunity for members to present their spouses with a
spouse-of-a-combat-veteran lapel button.
SEC. 552. PROTECTION OF CHILD CUSTODY ARRANGEMENTS FOR
PARENTS WHO ARE MEMBERS OF THE ARMED FORCES.
(a) Child Custody Protection.--Title II of the
Servicemembers Civil Relief Act (50 U.S.C. App. 521 et seq.)
is amended by adding at the end the following new section:
``SEC. 208. CHILD CUSTODY PROTECTION.
``(a) Restriction on Temporary Custody Order.--If a court
renders a temporary order for custodial responsibility for a
child based solely on a deployment or anticipated deployment
of a parent who is a servicemember, then the court shall
require that, upon the return of the servicemember from
deployment, the custody order that was in effect immediately
preceding the temporary order shall be reinstated, unless the
court finds that such a reinstatement is not in the best
interest of the child, except that any such finding shall be
subject to subsection (b).
``(b) Limitation on Consideration of Member's Deployment in
Determination of Child's Best Interest.--If a motion or a
petition is filed seeking a permanent order to modify the
custody of the child of a servicemember, no court may
consider the absence of the servicemember by reason of
deployment, or the possibility of deployment, as the sole
factor in determining the best interest of the child.
``(c) No Federal Jurisdiction or Right of Action or
Removal.--Nothing in this section shall create a Federal
right of action or otherwise give rise to Federal
jurisdiction or create a right of removal.
``(d) Preemption.--In any case where State law applicable
to a child custody proceeding involving a temporary order as
contemplated in this section provides a higher standard of
protection to the rights of the parent who is a deploying
servicemember than the rights provided under this section
with respect to such temporary order, the appropriate court
shall apply the higher State standard.
``(e) Deployment Defined.--In this section, the term
`deployment' means the movement or mobilization of a
servicemember to a location for a period of longer than 60
days and not longer than 540 days pursuant to temporary or
permanent official orders--
``(1) that are designated as unaccompanied;
``(2) for which dependent travel is not authorized; or
``(3) that otherwise do not permit the movement of family
members to that location.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by adding at the end of the items
relating to title II the following new item:
``208. Child custody protection.''.
SEC. 553. TREATMENT OF RELOCATION OF MEMBERS OF THE ARMED
FORCES FOR ACTIVE DUTY FOR PURPOSES OF MORTGAGE
REFINANCING.
(a) In General.--Title III of the Servicemembers Civil
Relief Act is amended by inserting after section 303 (50
U.S.C. App. 533) the following new section:
``SEC. 303A. TREATMENT OF RELOCATION OF SERVICEMEMBERS FOR
ACTIVE DUTY FOR PURPOSES OF MORTGAGE
REFINANCING.
``(a) Treatment of Absence From Residence Due to Active
Duty.--While a servicemember who is the mortgagor under an
existing mortgage does not reside in the residence that
secures the existing mortgage because of a relocation
described in subsection (c)(1)(B), if the servicemember
inquires about or applies for a covered refinancing mortgage,
the servicemember shall be considered, for all purposes
relating to the covered refinancing mortgage (including such
inquiry or application and eligibility for, and compliance
with, any underwriting criteria and standards regarding such
covered refinancing mortgage) to occupy the residence that
secures the existing mortgage to be paid or prepaid by such
covered refinancing mortgage as the principal residence of
the servicemember during the period of such relocation.
``(b) Limitation.--Subsection (a) shall not apply with
respect to a servicemember who inquires about or applies for
a covered refinancing mortgage if, during the 5-year period
preceding the date of such inquiry or application, the
servicemember entered into a covered refinancing mortgage
pursuant to this section.
``(c) Definitions.--In this section:
``(1) Existing mortgage.--The term `existing mortgage'
means a mortgage that is secured by a 1- to 4-family
residence, including a condominium or a share in a
cooperative ownership housing association, that was the
principal residence of a servicemember for a period that--
``(A) had a duration of 13 consecutive months or longer;
and
``(B) ended upon the relocation of the servicemember caused
by the servicemember receiving military orders for a
permanent change of station or to deploy with a military
unit, or as an individual in support of a military operation,
for a period of not less than 18 months that did not allow
the servicemember to continue to occupy such residence as a
principal residence.
``(2) Covered refinancing mortgage.--The term `covered
refinancing mortgage' means any mortgage that--
``(A) is made for the purpose of paying or prepaying, and
extinguishing, the outstanding obligations under an existing
mortgage or mortgages; and
``(B) is secured by the same residence that secured such
existing mortgage or mortgages.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by inserting after the item
relating to section 303 the following new item:
``303A. Treatment of relocation of servicemembers for active duty for
purposes of mortgage refinancing.''.
SEC. 554. FAMILY SUPPORT PROGRAMS FOR IMMEDIATE FAMILY
MEMBERS OF MEMBERS OF THE ARMED FORCES ASSIGNED
TO SPECIAL OPERATIONS FORCES.
(a) Pilot Programs Authorized.--Consistent with such
regulations as the Secretary of Defense may prescribe to
carry out this section, the Commander of the United States
Special Operations Command may conduct up to three pilot
programs to assess the feasibility and benefits of providing
family support activities for the immediate family members of
members of the Armed Forces assigned to special operations
forces.
(b) Selection of Programs.--In selecting the pilot programs
to be conducted under subsection (a), the Commander shall--
(1) identify family support activities that have a direct
and concrete impact on the readiness of special operations
forces, but that are not being provided to the immediate
family members of members of the Armed Forces assigned to
special operations forces by the Secretary of a military
department; and
(2) conduct a cost-benefit analysis of each family support
activity proposed to be included in a pilot program.
(c) Evaluation.--The Commander shall develop outcome
measurements to evaluate the success of each family support
activity included in a pilot program under subsection (a).
(d) Additional Authority.--The Commander may expend up to
$5,000,000 during each fiscal year specified in subsection
(f) to carry out the pilot programs under subsection (a).
(e) Definitions.--In this section:
(1) The term ``Commander'' means the Commander of the
United States Special Operations Command.
(2) The term ``immediate family members'' has the meaning
given that term in section 1789(c) of title 10, United States
Code.
(3) The term ``special operations forces'' means those
forces of the Armed Forces identified as special operations
forces under section 167(i) of such title.
(f) Duration of Pilot Program Authority.--The authority
provided by subsection (a) is available to the Commander
during fiscal years 2014 through 2016.
(g) Report.--Not later than 180 days after completing a
pilot program under subsection (a), the Commander shall
submit to the congressional defense committees a report
describing the results of the pilot program.
Subtitle F--Education and Training Opportunities and Wellness
SEC. 561. INCLUSION OF FREELY ASSOCIATED STATES WITHIN SCOPE
OF JUNIOR RESERVE OFFICERS' TRAINING CORPS
PROGRAM.
Section 2031(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(3) If a secondary educational institution in the
Federated States of Micronesia, the Republic of the Marshall
Islands, or the Republic of Palau otherwise meets the
conditions imposed by subsection (b) on the establishment and
maintenance of units of the Junior Reserve Officers' Training
Corps, the Secretary of a military department may establish
and maintain a unit of the Junior Reserve Officers' Training
Corps at the secondary educational institution even though
the secondary educational institution is not a United States
secondary educational institution.''.
SEC. 562. IMPROVED CLIMATE ASSESSMENTS AND DISSEMINATION AND
TRACKING OF RESULTS.
(a) Improved Dissemination of Results in Chain of
Command.--The Secretary of Defense shall ensure that the
results of command climate assessments are provided to the
relevant individual commander and to the next higher level of
command.
(b) Performance Tracking.--
(1) Evidence of compliance.--The Secretary of each military
department shall include in the performance evaluations and
assessments used by each Armed Force under the jurisdiction
of the Secretary a designated form where senior commanders
can indicate whether the commander has conducted the required
climate assessments.
(2) Effect of failure to conduct assessment.--If a
commander is found to not have conducted the required climate
assessments, the failure shall be noted in the commander's
performance evaluation and be considered a serious factor
during consideration for any subsequent promotion.
(c) Tracking System.--The Inspector General of the
Department of Defense shall develop a system to track whether
commanders are conducting command climate assessments.
(d) Unit Compliance Reports.--Working with the Inspector
General of the Department of Defense, unit commanders shall
gather all the climate assessments from the unit and develop
a compliance report that, at a minimum, shall include the
following:
[[Page H3410]]
(1) A comprehensive overview of the concerns members of the
unit expressed in the climate assessments.
(2) Data showing how leadership is perceived in the unit.
(3) A detailed strategic plan on how leadership plans to
address the expressed concerns.
SEC. 563. SERVICE-WIDE 360 ASSESSMENTS.
(a) Adoption of 360-degree Approach.--The Secretary of each
military department shall develop an assessment program
modeled after the current Department of the Army Multi-Source
Assessment and Feedback (MSAF) Program, known in this section
as the ``360-degree approach''.
(b) Report on Inclusion in Performance Evaluation
Reports.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to Congress a report containing the results of an assessment
of the feasibility of including the 360-degree approach as
part of the performance evaluation reports.
(c) Individual Counseling.--The Secretary of each military
department shall include individual counseling as part of the
performance evaluation process.
SEC. 564. HEALTH WELFARE INSPECTIONS.
The Secretary of each military department shall conduct
health welfare inspections on a monthly basis in order to
ensure and maintain security, military readiness, good order,
and discipline of all units of the Armed Forces under the
jurisdiction of the Secretary. Results of the Health Welfare
Inspections shall be provided to both the commander and
senior commander.
SEC. 565. REVIEW OF SECURITY OF MILITARY INSTALLATIONS,
INCLUDING BARRACKS AND MULTI-FAMILY RESIDENCES.
(a) Review of Security Measures.--The Secretary of Defense
shall conduct a review of security measures on United States
military installations, specifically with regard to barracks
and multi-family residences on military installations, for
the purpose of ensuring the safety of members of the Armed
Forces and their dependents who reside on military
installations.
(b) Elements of Study.--In conducting the review under
subsection (a), the Secretary of Defense shall--
(1) identify security gaps on military installations; and
(2) evaluate the feasibility and effectiveness of using 24-
hour electronic monitoring or placing security personnel at
all points of entry into barracks and multi-family residences
on military installation.
(c) Submission of Results.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to Congress a report containing the
results of the study conducted under subsection (a),
including an estimate of the costs--
(1) to eliminate all security gaps identified under
subsection (b)(1); and
(2) to provide 24-hour security monitoring as evaluated
under subsection (b)(2).
SEC. 566. ENHANCEMENT OF MECHANISMS TO CORRELATE SKILLS AND
TRAINING FOR MILITARY OCCUPATIONAL SPECIALTIES
WITH SKILLS AND TRAINING REQUIRED FOR CIVILIAN
CERTIFICATIONS AND LICENSES.
(a) Improvement of Information Available to Members of the
Armed Forces About Correlation.--
(1) In general.--The Secretaries of the military
departments, in coordination with the Under Secretary of
Defense for Personnel and Readiness, shall, to the maximum
extent practicable, make information on civilian
credentialing opportunities available to members of the Armed
Forces beginning with, and at every stage of, training of
members for military occupational specialties, in order to
permit members--
(A) to evaluate the extent to which such training
correlates with the skills and training required in
connection with various civilian certifications and licenses;
and
(B) to assess the suitability of such training for
obtaining or pursuing such civilian certifications and
licenses.
(2) Coordination with transition goals plans success
program.--Information shall be made available under paragraph
(1) in a manner consistent with the Transition Goals Plans
Success (GPS) program.
(3) Types of information.--The information made available
under paragraph (1) shall include, but not be limited to, the
following:
(A) Information on the civilian occupational equivalents of
military occupational specialties (MOS).
(B) Information on civilian license or certification
requirements, including examination requirements.
(C) Information on the availability and opportunities for
use of educational benefits available to members of the Armed
Forces, as appropriate, corresponding training, or continuing
education that leads to a certification exam in order to
provide a pathway to credentialing opportunities.
(4) Use and adaptation of certain programs.--In making
information available under paragraph (1), the Secretaries of
the military departments may use and adapt appropriate
portions of the Credentialing Opportunities On-Line (COOL)
programs of the Army and the Navy and the Credentialing and
Educational Research Tool (CERT) of the Air Force.
(b) Improvement of Access of Accredited Civilian
Credentialing Agencies to Military Training Content.--
(1) In general.--The Secretaries of the military
departments, in coordination with the Under Secretary of
Defense for Personnel and Readiness, shall, to the maximum
extent practicable consistent with national security
requirements, make available to accredited civilian
credentialing agencies that issue certifications or licenses,
upon request of such agencies, information such as military
course training curricula, syllabi, and materials, levels of
military advancement attained, and professional skills
developed.
(2) Central repository.--The actions taken pursuant to
paragraph (1) may include the establishment of a central
repository of information on training and training materials
provided members in connection with military occupational
specialities that is readily accessible by accredited
civilian credentialing agencies described in that paragraph
in order to meet requests described in that paragraph.
SEC. 567. USE OF EDUCATIONAL ASSISTANCE FOR COURSES IN
PURSUIT OF CIVILIAN CERTIFICATIONS OR LICENSES.
(a) Courses Under Department of Defense Educational
Assistance Authorities.--
(1) In general.--Chapter 101 of title 10, United States
Code, is amended by inserting after section 2015 the
following new section:
``Sec. 2015a. Civilian certifications and licenses: use of
educational assistance for courses in pursuit of civilian
certifications or licenses
``(a) Limitation on Use of Assistance.--In the case of a
member of the armed forces who is enrolled in an educational
institution in a State for purposes of obtaining employment
in an occupation or profession requiring the approval or
licensure of a board or agency of that State, educational
assistance specified in subsection (b) may be used by the
member for a course offered by the educational institution
that is a required element of the curriculum to be satisfied
to obtain employment in that occupation or profession only
if--
``(1) the successful completion of the curriculum fully
qualifies a student to--
``(A) take any examination required for entry into the
occupation or profession, including satisfying any State or
professionally mandated programmatic and specialized
accreditation requirements; and
``(B) be certified or licensed or meet any other
academically related pre-conditions that are required for
entry into the occupation or profession; and
``(2) in the case of State licensing or professionally
mandated requirements for entry into the occupation or
profession that require specialized accreditation, the
curriculum meets the requirement for specialized
accreditation through its accreditation or pre-accreditation
by an accrediting agency or association recognized by the
Secretary of Education or designated by that State as a
reliable authority as to the quality or training offered by
the institution in that program.
``(b) Covered Educational Assistance.--The educational
assistance specified in this subsection is educational
assistance as follows:
``(1) Educational assistance for members of the armed
forces under section 2007 and 2015 of this title.
``(2) Educational assistance for persons enlisting for
active duty under chapter 106A of this title.
``(3) Educational assistance for members of the armed
forces held as captives under section 2183 of this title.
``(4) Educational assistance for members of the Selected
Reserve under chapter 1606 of this title.
``(5) Educational assistance for reserve component members
supporting contingency operations and other operations under
chapter 1607 of this title.
``(6) Such other educational assistance provided members of
the armed force under the laws the administered by the
Secretary of Defense or the Secretaries of the military
departments as the Secretary of Defense shall designate for
purposes of this section.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 101 of such title is amended by
inserting after the item relating to section 2015 the
following new item:
``2015a. Civilian certifications and licenses: use of educational
assistance for courses in pursuit of civilian
certifications or licenses.''.
(b) Effective Date.--The amendments made by this section
shall take effect on August 1, 2014, and shall apply with
respect to courses pursued on or after that date.
Subtitle G--Defense Dependents' Education
SEC. 571. CONTINUATION OF AUTHORITY TO ASSIST LOCAL
EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF
MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF
DEFENSE CIVILIAN EMPLOYEES.
(a) Assistance to Schools With Significant Numbers of
Military Dependent Students.--Of the amount authorized to be
appropriated for fiscal year 2014 by section 301 and
available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301,
$20,000,000 shall be available only for the purpose of
providing assistance to local educational agencies under
subsection (a) of section 572 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163;
20 U.S.C. 7703b).
(b) Assistance to Schools With Enrollment Changes Due to
Base Closures, Force Structure Changes, or Force
Relocations.--
(1) Extension of authority to provide assistance.--Section
572(b)(4) of the National Defense Authorization Act for
Fiscal Year 2006 (20 U.S.C. 7703b(b)(4)) is amended by
striking ``September 30, 2014'' and inserting ``September 30,
2015''.
(2) Amount of assistance authorized.--Of the amount
authorized to be appropriated for fiscal year 2014 by section
301 and available for operation and maintenance for Defense-
wide activities as specified in the funding table in section
4301, $5,000,000 shall be available only for the purpose of
providing assistance to local educational agencies under
subsection (b) of section
[[Page H3411]]
572 of the National Defense Authorization Act for Fiscal Year
2006 (20 U.S.C. 7703b).
(c) Local Educational Agency Defined.--In this section, the
term ``local educational agency'' has the meaning given that
term in section 8013(9) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7713(9)).
SEC. 572. SUPPORT FOR EFFORTS TO IMPROVE ACADEMIC ACHIEVEMENT
AND TRANSITION OF MILITARY DEPENDENT STUDENTS.
The Secretary of Defense may make grants to nonprofit
organizations that provide services to improve the academic
achievement of military dependent students, including those
nonprofit organizations whose programs focus on improving the
civic responsibility of military dependent students and their
understanding of the Federal Government through direct
exposure to the operations of the Federal Government.
SEC. 573. TREATMENT OF TUITION PAYMENTS RECEIVED FOR VIRTUAL
ELEMENTARY AND SECONDARY EDUCATION COMPONENT OF
DEPARTMENT OF DEFENSE EDUCATION PROGRAM.
(a) Crediting of Payments.--Section 2164(l) of title 10,
United States Code, is amended by adding at the end the
following new paragraph:
``(3) Any payments received by the Secretary of Defense
under this subsection shall be credited to the account
designated by the Secretary for the operation of the virtual
educational program under this subsection. Payments so
credited shall be merged with other funds in the account and
shall be available, to the extent provided in advance in
appropriation Acts, for the same purposes and the same period
as other funds in the account.''.
(b) Application of Amendment.--The amendment made by
subsection (a) shall apply only with respect to tuition
payments received under section 2164(l) of title 10, United
States Code, for enrollments authorized by such section,
after the date of the enactment of this Act, in the virtual
elementary and secondary education program of the Department
of Defense education program.
Subtitle H--Decorations and Awards
SEC. 581. FRAUDULENT REPRESENTATIONS ABOUT RECEIPT OF
MILITARY DECORATIONS OR MEDALS.
(a) In General.--Section 704 of title 18, United States
Code, is amended--
(1) in subsection (a), by striking ``wears,''; and
(2) so that subsection (b) reads as follows:
``(b) Fraudulent Representations About Receipt of Military
Decorations or Medals.--Whoever, with intent to obtain money,
property, or other tangible benefit, fraudulently holds
oneself out to be a recipient of a decoration or medal
described in subsection (c)(2) or (d) shall be fined under
this title, imprisoned not more than one year, or both.''.
(b) Addition of Certain Other Medals.--Section 704(d) of
title 18, United States Code, is amended--
(1) by striking ``If a decoration'' and inserting the
following:
``(1) In general.--If a decoration'';
(2) by inserting ``a combat badge,'' after ``1129 of title
10,''; and
(3) by adding at the end the following new paragraph:
``(2) Combat badge defined.--In this subsection, the term
`combat badge' means a Combat Infantryman's Badge, Combat
Action Badge, Combat Medical Badge, Combat Action Ribbon, or
Combat Action Medal.''.
(c) Conforming Amendment.--Section 704 of title 18, United
States Code, is amended in each of subsections (c)(1) and (d)
by striking ``or (b)''.
SEC. 582. REPEAL OF LIMITATION ON NUMBER OF MEDALS OF HONOR
THAT MAY BE AWARDED TO THE SAME MEMBER OF THE
ARMED FORCES.
(a) Army.--Section 3744(a) of title 10, United States Code,
is amended by striking ``medal of honor, distinguished-
service cross,'' and inserting ``distinguished-service
cross''.
(b) Navy and Marine Corps.--Section 6247 of title 10,
United States Code, is amended by striking ``medal of
honor,''.
(c) Air Force.--Section 8744(a) of title 10, United States
Code, is amended by striking ``medal of honor, Air Force
cross,'' and inserting ``Air Force Cross''.
SEC. 583. STANDARDIZATION OF TIME-LIMITS FOR RECOMMENDING AND
AWARDING MEDAL OF HONOR, DISTINGUISHED-SERVICE
CROSS, NAVY CROSS, AIR FORCE CROSS, AND
DISTINGUISHED-SERVICE MEDAL.
(a) Army.--Section 3744(b) of title 10, United States Code,
is amended--
(1) in paragraph (1), by striking ``three years'' and
inserting ``five years''; and
(2) in paragraph (2), by striking ``two years'' and
inserting ``three years''.
(b) Air Force.--Section 8744(b) of such title is amended--
(1) in paragraph (1), by striking ``three years'' and
inserting ``five years''; and
(2) in paragraph (2), by striking ``two years'' and
inserting ``three years''.
SEC. 584. RECODIFICATION AND REVISION OF ARMY, NAVY, AIR
FORCE, AND COAST GUARD MEDAL OF HONOR ROLL
REQUIREMENTS.
(a) Automatic Enrollment and Furnishing of Certificate.--
(1) In general.--Chapter 57 of title 10, United States
Code, is amended by inserting after section 1134 the
following new section:
``Sec. 1134a. Medal of honor: Army, Navy, Air Force, and
Coast Guard Medal of Honor Roll
``(a) Establishment.--There shall be in the Department of
the Army, the Department of the Navy, the Department of the
Air Force, and the Department in which the Coast Guard is
operating a roll designated as the `Army, Navy, Air Force,
and Coast Guard Medal of Honor Roll'.
``(b) Enrollment.--The Secretary concerned shall enter and
record on the Army, Navy, Air Force, and Coast Guard Medal of
Honor Roll the name of each person who has served on active
duty in the armed forces and who has been awarded a medal of
honor pursuant to section 3741, 6241, or 8741 of this title
or section 491 of title 14.
``(c) Issuance of Enrollment Certificate.--Each living
person whose name is entered on the Army, Navy, Air Force,
and Coast Guard Medal of Honor Roll shall be issued a
certificate of enrollment on the roll.
``(d) Entitlement to Special Pension; Notice to Secretary
of Veterans Affairs.--The Secretary concerned shall deliver
to the Secretary of Veterans Affairs a certified copy of each
certificate of enrollment issued under subsection (c). The
copy of the certificate shall authorize the Secretary of
Veterans Affairs to pay the special pension provided by
section 1562 of title 38 to the person named in the
certificate.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1134 the following new item:
``1134a. Medal of honor: Army, Navy, Air Force, and Coast Guard Medal
of Honor Roll.''.
(b) Special Pension.--
(1) Automatic entitlement.--Subsection (a) of section 1562
of title 38, United States Code, is amended--
(A) by striking ``each person'' and inserting ``each living
person'';
(B) by striking ``Honor roll'' and inserting ``Honor
Roll'';
(C) by striking ``subsection (c) of section 1561 of this
title'' and inserting ``subsection (d) of section 1134a of
title 10''; and
(D) by striking ``date of application therefor under
section 1560 of this title'' and inserting ``date on which
the person's name is entered on the Army, Navy, Air Force,
and Coast Guard Medal of Honor Roll under subsection (b) of
such section''.
(2) Election to decline special pension.--Such section is
further amended by adding at the end the following new
subsection:
``(g)(1) A person who is entitled to special pension under
subsection (a) may elect not to receive special pension by
notifying the Secretary of such election in writing.
``(2) Upon receipt of an election made by a person under
paragraph (1) not to receive special pension, the Secretary
shall cease payments of special pension to the person.''.
(c) Conforming Amendments.--
(1) Repeal of recodified provisions.--Sections 1560 and
1561 of title 38, United States Code, are repealed.
(2) Clerical amendments.--The table of sections at the
beginning of chapter 15 of such title is amended by striking
the items relating to sections 1560 and 1561.
(d) Application of Amendments.--The amendments made by this
section shall apply with respect to Medals of Honor awarded
on or after the date of the enactment of this Act.
SEC. 585. TREATMENT OF VICTIMS OF THE ATTACKS AT RECRUITING
STATION IN LITTLE ROCK, ARKANSAS, AND AT FORT
HOOD, TEXAS.
(a) Award of Purple Heart Required.--The Secretary of the
military department concerned shall award the Purple Heart to
the members of the Armed Forces who were killed or wounded in
the attacks that occurred at the recruiting station in Little
Rock, Arkansas, on June 1, 2009, and at Fort Hood, Texas, on
November 5, 2009.
(b) Exception.--This section shall not apply to a member of
the Armed Forces whose death or wound in an attack described
in subsection (a) was the result of the willful misconduct of
the member.
SEC. 586. RETROACTIVE AWARD OF ARMY COMBAT ACTION BADGE.
(a) Authority To Award.--The Secretary of the Army may
award the Army Combat Action Badge (established by order of
the Secretary of the Army through Headquarters, Department of
the Army Letter 600-05-1, dated June 3, 2005) to a person
who, while a member of the Army, participated in combat
during which the person personally engaged, or was personally
engaged by, the enemy at any time during the period beginning
on December 7, 1941, and ending on September 18, 2001 (the
date of the otherwise applicable limitation on retroactivity
for the award of such decoration), if the Secretary
determines that the person has not been previously recognized
in an appropriate manner for such participation.
(b) Procurement of Badge.--The Secretary of the Army may
make arrangements with suppliers of the Army Combat Action
Badge so that eligible recipients of the Army Combat Action
Badge pursuant to subsection (a) may procure the badge
directly from suppliers, thereby eliminating or at least
substantially reducing administrative costs for the Army to
carry out this section.
SEC. 587. REPORT ON NAVY REVIEW, FINDINGS, AND ACTIONS
PERTAINING TO MEDAL OF HONOR NOMINATION OF
MARINE CORPS SERGEANT RAFAEL PERALTA.
Not later than 30 days after the date of the enactment of
this Act, the Secretary of the Navy shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report describing the Navy review,
findings, and actions pertaining to the Medal of Honor
nomination of Marine Corps Sergeant Rafael Peralta. The
report shall account for all evidence submitted with regard
to the case.
[[Page H3412]]
SEC. 588. AUTHORIZATION FOR AWARD OF THE DISTINGUISHED-
SERVICE CROSS TO SERGEANT FIRST CLASS ROBERT F.
KEISER FOR ACTS OF VALOR DURING THE KOREAN WAR.
(a) Authorization.--Notwithstanding the time limitations
specified in section 3144 of title 10, United States Code, or
any other time limitation with respect to the awarding of
certain medals to persons who served in the Armed Forces, the
Secretary of the Army is authorized and requested to award
the Distinguished-Service Cross under section 3742 of such
title to Sergeant First Class Robert F. Keiser for the acts
of valor referred to in subsection (b) during the Korean War.
(b) Acts of Valor Described.--The acts of valor referred to
in subsection (a) are the actions of Robert F. Keiser's on
November 30, 1950, as a member of the 2d Military Police
Company, 2d Infantry Division, United States Army, during the
Division's successful withdrawal from the Kunuri-Sunchon
Pass.
Subtitle I--Other Matters
SEC. 591. REVISION OF SPECIFIED SENIOR MILITARY COLLEGES TO
REFLECT CONSOLIDATION OF NORTH GEORGIA COLLEGE
AND STATE UNIVERSITY AND GAINESVILLE STATE
COLLEGE.
Paragraph (6) of section 2111a(f) of title 10, United
States Code, is amended to read as follows:
``(6) The University of North Georgia.''.
SEC. 592. AUTHORITY TO ENTER INTO CONCESSIONS CONTRACTS AT
ARMY NATIONAL MILITARY CEMETERIES.
(a) In General.--Chapter 446 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 4727. Cemetery concessions contracts
``(a) Contracts Authorized.--The Secretary of the Army may
enter into a contract with an appropriate entity for the
provision of transportation, interpretative, or other
necessary or appropriate concession services to visitors at
the Army National Military Cemeteries.
``(b) Special Requirements.--(1) The Secretary of the Army
shall establish and include in each concession contract such
requirements as the Secretary determines are necessary to
ensure the protection, dignity, and solemnity of the cemetery
at which services are provided under the contract.
``(2) A concession contract shall not include operation of
the gift shop at Arlington National Cemetery without the
specific prior authorization by an Act of Congress.
``(c) Term of Contracts.--(1) Except as provided in
paragraph (2), a concession contract may be awarded for a
period of not more than 10 years.
``(2)(A) If the Secretary of the Army determines that the
terms and conditions of a concession contract to be entered
into under this section, including any required construction
of capital improvements, warrant entering into the contract
for a period of greater than 10 years, the Secretary may
award the contract for a period of up to 20 years.
``(B) If a concession contract is intended solely for the
provision of transportation services, the Secretary may enter
into the contract for a period of not more than five years
and may extend the period of the contract for one or more
successive five-year periods pursuant to an option included
in the contract or a modification of the contract. The
aggregate period of any such contract, including extensions,
may not exceed 10 years.
``(d) Franchise Fees.--A concession contract shall provide
for payment to the United States of a franchise fee or such
other monetary consideration as determined by the Secretary
of the Army. The Secretary shall ensure that the objective of
generating revenue for the United States is subordinate to
the objectives of honoring the service and sacrifices of the
deceased members of the armed forces and of providing
necessary and appropriate services for visitors to the
Cemeteries at reasonable rates.
``(e) Special Account.--All franchise fees (and other
monetary consideration) collected by the United States under
subsection (d) shall be deposited into a special account
established in the Treasury of the United States. The funds
deposited in such account shall be available for expenditure
by the Secretary of the Army, to the extent authorized and in
such amounts as are provided in advance in appropriations
Acts, to support activities at the Cemeteries. The funds
deposited into the account shall remain available until
expended.
``(f) Concession Contract Defined.--In this section, the
term `concession contract' means a contract authorized and
entered into under this section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``4727. Cemetery concessions contracts.''.
SEC. 593. COMMISSION ON MILITARY BEHAVIORAL HEALTH AND
DISCIPLINARY ISSUES.
(a) Establishment of Commission.--There is established the
Commission on Military Behavioral Health and Disciplinary
Issues (in this section referred to as the ``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of 10
members, of whom--
(A) two shall be appointed by the President;
(B) two shall be appointed by the Chairman of the Committee
on Armed Services of the Senate;
(C) two shall be appointed by the Ranking Member of the
Committee on Armed Services of the Senate;
(D) two shall be appointed by the Chairman of the Committee
on Armed Services of the House of Representatives; and
(E) two shall be appointed by the Ranking Member of the
Committee on Armed Services of the House of Representatives.
(2) Appointment date.--The appointments of the members of
the Commission shall be made not later than 30 days after the
date of the enactment of this Act. If one or more
appointments under a subparagraph of paragraph (1) is not
made by such appointment date, the authority to make such
appointment or appointments shall expire, and the number of
members of the Commission shall be reduced by the number
equal to the number of appointments not made.
(3) Expertise.--In making appointments under this
subsection, consideration should be given to individuals with
expertise in service-connected mental disorders, post-
traumatic stress disorder (PTSD), traumatic brain injury
(TBI), psychiatry, behavioral health, neurology, as well as
disciplinary matters and military justice.
(4) Period of appointment; vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall not affect its powers, but shall be filled
in the same manner as the original appointment.
(5) Initial meeting.--Not later than 30 days after the
appointment date specified in paragraph (2), the Commission
shall hold its first meeting.
(6) Meetings.--The Commission shall meet at the call of the
Chair. A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold
hearings.
(7) Chair and vice chairman.--The Commission shall select a
Chair and Vice Chair from among its members.
(c) Study and Report.--
(1) Study required.--The Commission shall undertake a
comprehensive study of whether--
(A) the Department of Defense mechanisms for disciplinary
action adequately address the impact of service-connected
mental disorders and TBI on the basis for the disciplinary
action; and
(B) whether the disciplinary mechanisms should be revisited
in light of new information regarding the connection between
service-connected mental disorders and TBI, behavioral
problems, and disciplinary action.
(2) Considerations.--In considering the Department of
Defense mechanisms for disciplinary action, the Commission
shall give particular consideration to evaluating a structure
that examines those members diagnosed with or reasonably
asserting post traumatic stress disorder or traumatic brain
injury that have been deployed overseas in support of a
contingency operation during the previous 24 months and how
that injury or deployment may constitute matters in
extenuation that relate to the basis for administrative
separation under conditions other than honorable or the
overall characterization of service of the member as other
than honorable.
(3) Report.--Not later than June 30, 2014, the Commission
shall submit to the President and the congressional defense
committees a report containing a detailed statement of the
findings and conclusions of the Commission as a result of the
study required by this subsection, together with its
recommendations for such legislation and administrative
actions it may consider appropriate in light of the results
of the study.
(d) Powers of the Commission.--
(1) Hearings.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable
to carry out this section.
(2) Information from federal agencies.--The Commission may
secure directly from any Federal department or agency such
information as the Commission considers necessary to carry
out this section. Upon request of the Chair of the
Commission, the head of such department or agency shall
furnish such information to the Commission.
(e) Commission Personnel Matters.--
(1) Compensation of members.--All members of the Commission
who are officers or employees of the United States shall
serve without compensation in addition to that received for
their services as officers or employees of the United States.
(2) Travel expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(3) Staff.--The Chair of the Commission may, without regard
to the civil service laws and regulations, appoint and
terminate an executive director and such other additional
personnel from as may be necessary to enable the Commission
to perform its duties. The employment of an executive
director shall be subject to confirmation by the Commission.
The staff members should be officers or employees of the
United States.
(f) Termination Date.--The Commission shall terminate 30
days after the date on which the Commission submits its
report.
SEC. 594. COMMISSION ON SERVICE TO THE NATION.
(a) Establishment.--There is established a commission to be
known as the ``Commission on Service to the Nation''.
(b) Duties.--
(1) Study.--The Commission shall carry out a study of the
following:
(A) The effect of warfare, focusing on recent wars and
conflicts, on members of the Armed Forces, the families of
members, and the communities of members.
(B) The outgoing experience and transition between military
and civilian life.
(C) The gaps between the military and those Americans who
do not participate directly in the military community.
(2) Testimony and research.--In carrying out the study
under paragraph (1), the Commission shall--
[[Page H3413]]
(A) hear testimony from all aspects of military and
civilian life, including public, private, individual and
institutional stakeholders, with personal testimony, expert
testimony, academic testimony, as well as testimony from
association and community leaders, and other testimony as
appropriate;
(B) hear and accept testimony in an open and public manner,
accepting testimony in a wide variety of ways for each
hearing, including submissions made through a public internet
website, and testimony heard remotely if appropriate;
(C) retain the records of all hearings and artifacts of
testimony for the purposes of historical documentation and
research;
(D) assess the social, mental, and physical effects of war
on active members of the Armed Forces, the families of
members, and the communities of members and the preparation
they receive for transitioning out of the military; and
(E) assess the existing academic and social science
research and analysis on transition from active military to
civilian life.
(3) Recommendations.--The Commission shall make
recommendations, based on the analyses in subparagraphs (A)
through (C) of paragraph (1), on how to better--
(A) support the transition to civilian life of a member of
the Armed Forces;
(B) support the families and communities of the member; and
(C) better connect the military community and civilians.
(4) Website.--The Commission shall maintain an Internet
website available to the public to--
(A) share the schedule of the Commission;
(B) notify the public of events;
(C) accept feedback; and
(D) post records of events and other information to inform
the public in a manner consistent with the mission of the
Commission.
(c) Composition.--
(1) Members.--The Commission shall be composed of 15
members appointed as follows:
(A) Four members appointed by Majority Leader of the
Senate, in consultation with the chairman of the Committee on
Armed Services of the Senate.
(B) Four members appointed by the Speaker of the House of
Representatives, in consultation with the chairman of the
Committee on Armed Services of the House of Representatives.
(C) Two members appointed by the Minority Leader of the
Senate, in consultation with the ranking minority member of
the Committee on Armed Services of the Senate.
(D) Two members appointed by the Minority Leader of the
House of Representatives, in consultation with the ranking
minority member of the Committee on Armed Service of the
House of Representatives.
(E) Three members appointed by the President.
(2) Qualifications.--The members of the Commission shall be
appointed from among persons who have knowledge and expertise
in the following areas:
(A) The effects of war on members of the Armed Forces,
their families, and society.
(B) The process of transitioning out of the Armed Forces.
(C) The resources available to members and their families
as members transition out of the Armed Forces and into
society.
(D) Personnel benefits, including healthcare and job
training, available to members.
(E) Policy making and policy analysis.
(3) Service requirement.--Not less than one member of the
Commission appointed under each of subparagraphs (A) through
(E) of paragraph (1) shall have served in the Armed Forces.
(4) Duration and vacancies.--Members of the Commission
shall be appointed for the life of the Commission. A vacancy
in the membership of the Commission shall not affect the
powers of the Commission, but shall be filled in the same
manner as the original appointment.
(5) Chairman.--The President shall designate a member of
the Commission to serve as chairman of the Commission.
(6) Deadline for appointment.--The members shall be
appointed by not later than 90 days after the date of the
enactment of this Act
(d) Procedures.--
(1) Initial meeting.--The Commission shall hold its initial
meeting not later than 30 days after the date on which all
members of the Commission have been appointed.
(2) Meetings.--After the initial meeting under paragraph
(1), the Commission shall meet at the call of the chairman.
(3) Quorum.--Four members of the Commission shall
constitute a quorum, but a lesser number of members may hold
hearings.
(4) Procedure.--The Commission shall act by resolution
agreed to by a majority of the members of the Commission.
(5) Panels.--The Commission may establish panels composed
of less than the full membership of the Commission for the
purpose of carrying out the Commission's duties. The actions
of each such panel shall be subject to the review and control
of the Commission. Any findings and determinations made by
such a panel shall not be considered the findings and
determinations of the Commission unless approved by the
Commission.
(e) Compensation and Staff.--
(1) Pay.--Each member of the Commission shall be paid at a
rate equal to the daily equivalent of the annual rate of
basic pay payable for level IV of the Executive Schedule
under section 5316 of title 5, United States Code, for each
day (including travel time) during which the member is
engaged in the performance of the duties of the Commission.
All members of the Commission who are officers or employees
of the United States shall serve without pay in addition to
that received for their services as officers or employees of
the United States.
(2) Travel expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(3) Executive director.--The Commission shall appoint and
fix the rate of basic pay for an Executive Director in
accordance with section 3161 of title 5, United States Code.
(4) Staff.--The Executive Director, with the approval of
the Commission, may appoint and fix the rate of basic pay for
additional personnel as staff of the Commission in accordance
with section 3161 of title 5, United States Code.
(5) Detail of government employees.--Upon request of the
chairman of the Commission, the head of any Federal
department or agency may detail, on a nonreimbursable basis,
any personnel of that department or agency to the Commission
to assist it in carrying out its duties.
(f) Powers.--
(1) Hearings.--For the purpose of carrying out this Act,
the Commission (or on the authority of the Commission, any
subcommittee or member) may hold such hearings and forums,
and sit and act at such times and places, take such
testimony, receive such evidence, and administer such oaths
as the Commission considers appropriate. The Commission shall
hold not less than one hearing in each State and the District
of Columbia, and may hold hearings and forums in any
commonwealth, territory, or possession of the United States
as the Commission determines appropriate.
(2) Information from federal agencies.--The Commission, or
designated staff member, may secure directly from any
department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of
the chairman of the Commission, the chairman of any
subcommittee created by a majority of the Commission, or any
member designated by a majority of the Commission, the head
of that department or agency shall furnish that information
to the Commission.
(3) Miscellaneous administrative and support services.--The
Secretary of Defense shall furnish the Commission, on a
reimbursable basis, any administrative and support services
requested by the Commission.
(4) Procurement of temporary and intermittent services.--
The chairman of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals which do not
exceed the daily equivalent of the annual rate of basic pay
payable for level V of the Executive Schedule under section
5316 of such title.
(5) Gifts.--The Commission may accept, use, and dispose of
gifts, bequests, or devises of services or property, both
real and personal, for the purpose of aiding or facilitating
the work of the Commission. Gifts, bequests, or devises of
money and proceeds from sales of other property received as
gifts, bequests, or devises shall be deposited in the
Treasury and shall be available for disbursement upon order
of the chairman, vice chairman, or designee.
(g) Reports.--
(1) Initial report.--Not later than 90 days after the
initial meeting of the Commission, the Commission shall
submit to the President, the Secretary of Defense, and the
Committees on Armed Services of the Senate and the House of
Representatives, and release to the public, a report setting
forth--
(A) a strategic plan for the work of the Commission;
(B) a discussion of the activities of the Commission; and
(C) any initial findings of the Commission.
(2) Final report.--Not later than 18 months after the
initial meeting of the Commission, the Commission shall
submit to the President, the Secretary of Defense, and the
Committees on Armed Services of the Senate and the House of
Representatives, and release to the public, a final report.
Such report shall include any recommendations developed under
subsection (b)(3) that the Commission determines appropriate,
including any recommended legislation, policies, regulations,
directives, and practices.
(h) Termination.--The Commission shall terminate 90 days
after the date on which the final report is submitted under
subsection (g)(2).
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. EXTENSION OF AUTHORITY TO PROVIDE TEMPORARY
INCREASE IN RATES OF BASIC ALLOWANCE FOR
HOUSING UNDER CERTAIN CIRCUMSTANCES.
Section 403(b)(7)(E) of title 37, United States Code, is
amended by striking ``December 31, 2013'' and inserting
``December 31, 2014''.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
The following sections of title 37, United States Code, are
amended by striking ``December 31, 2013'' and inserting
``December 31, 2014'':
(1) Section 308b(g), relating to Selected Reserve
reenlistment bonus.
(2) Section 308c(i), relating to Selected Reserve
affiliation or enlistment bonus.
(3) Section 308d(c), relating to special pay for enlisted
members assigned to certain high-priority units.
(4) Section 308g(f)(2), relating to Ready Reserve
enlistment bonus for persons without prior service.
(5) Section 308h(e), relating to Ready Reserve enlistment
and reenlistment bonus for persons with prior service.
(6) Section 308i(f), relating to Selected Reserve
enlistment and reenlistment bonus for persons with prior
service.
[[Page H3414]]
(7) Section 478a(e), relating to reimbursement of travel
expenses for inactive-duty training outside of normal
commuting distance.
(8) Section 910(g), relating to income replacement payments
for reserve component members experiencing extended and
frequent mobilization for active duty service.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR HEALTH CARE PROFESSIONALS.
(a) Title 10 Authorities.--The following sections of title
10, United States Code, are amended by striking ``December
31, 2013'' and inserting ``December 31, 2014'':
(1) Section 2130a(a)(1), relating to nurse officer
candidate accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the
Selected Reserve.
(b) Title 37 Authorities.--The following sections of title
37, United States Code, are amended by striking ``December
31, 2013'' and inserting ``December 31, 2014'':
(1) Section 302c-1(f), relating to accession and retention
bonuses for psychologists.
(2) Section 302d(a)(1), relating to accession bonus for
registered nurses.
(3) Section 302e(a)(1), relating to incentive special pay
for nurse anesthetists.
(4) Section 302g(e), relating to special pay for Selected
Reserve health professionals in critically short wartime
specialties.
(5) Section 302h(a)(1), relating to accession bonus for
dental officers.
(6) Section 302j(a), relating to accession bonus for
pharmacy officers.
(7) Section 302k(f), relating to accession bonus for
medical officers in critically short wartime specialties.
(8) Section 302l(g), relating to accession bonus for dental
specialist officers in critically short wartime specialties.
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS
AUTHORITIES FOR NUCLEAR OFFICERS.
The following sections of title 37, United States Code, are
amended by striking ``December 31, 2013'' and inserting
``December 31, 2014'':
(1) Section 312(f), relating to special pay for nuclear-
qualified officers extending period of active service.
(2) Section 312b(c), relating to nuclear career accession
bonus.
(3) Section 312c(d), relating to nuclear career annual
incentive bonus.
SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE
37 CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND
BONUS AUTHORITIES.
The following sections of title 37, United States Code, are
amended by striking ``December 31, 2013'' and inserting
``December 31, 2014'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 333(i), relating to special bonus and incentive
pay authorities for nuclear officers.
(4) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
(5) Section 335(k), relating to special bonus and incentive
pay authorities for officers in health professions.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special
duty pay.
(8) Section 353(i), relating to skill incentive pay or
proficiency bonus.
(9) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to
high priority units.
SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO
PAYMENT OF OTHER TITLE 37 BONUSES AND SPECIAL
PAYS.
The following sections of title 37, United States Code, are
amended by striking ``December 31, 2013'' and inserting
``December 31, 2014'':
(1) Section 301b(a), relating to aviation officer retention
bonus.
(2) Section 307a(g), relating to assignment incentive pay.
(3) Section 308(g), relating to reenlistment bonus for
active members.
(4) Section 309(e), relating to enlistment bonus.
(5) Section 324(g), relating to accession bonus for new
officers in critical skills.
(6) Section 326(g), relating to incentive bonus for
conversion to military occupational specialty to ease
personnel shortage.
(7) Section 327(h), relating to incentive bonus for
transfer between armed forces.
(8) Section 330(f), relating to accession bonus for officer
candidates.
SEC. 616. ONE-YEAR EXTENSION OF AUTHORITY TO PROVIDE
INCENTIVE PAY FOR MEMBERS OF PRECOMMISSIONING
PROGRAMS PURSUING FOREIGN LANGUAGE PROFICIENCY.
Section 316a(g) of title 37, United States Code is amended
by striking ``December 31, 2013'' and inserting ``December
31, 2014''.
SEC. 617. AUTHORITY TO PROVIDE BONUS TO CERTAIN CADETS AND
MIDSHIPMEN ENROLLED IN THE SENIOR RESERVE
OFFICERS' TRAINING CORPS.
(a) Bonus Authorized.--Chapter 5 of title 37, United States
Code, is amended by inserting after section 335 the following
new section:
``Sec. 336. Contracting bonus for cadets and midshipmen
enrolled in the Senior Reserve Officers' Training Corps
``(a) Contracting Bonus Authorized.--The Secretary
concerned may pay a bonus under this section to a cadet or
midshipman enrolled in the Senior Reserve Officers' Training
Corps who executes a written agreement described in
subsection (c).
``(b) Amount of Bonus.--The amount of a bonus under
subsection (a) may not exceed $5,000.
``(c) Agreement.--A written agreement referred to in
subsection (a) is a written agreement by the cadet or
midshipman--
``(1) to complete field training or a practice cruise under
section 2104(b)(6)(A)(ii) of title 10;
``(2) to complete advanced training under chapter 103 of
title 10;
``(3) to accept a commission or appointment as an officer
of the armed forces; and
``(4) to serve on active duty.
``(d) Payment Method.--Upon acceptance of a written
agreement under subsection (a) by the Secretary concerned,
the total amount of the bonus payable under the agreement
becomes fixed. The agreement shall specify when the bonus
will be paid and whether the bonus will be paid in a lump sum
or in installments.
``(e) Repayment.--A person who, having received all or part
of a bonus under subsection (a), fails to fulfill the terms
of the written agreement required by such subsection for
receipt of the bonus shall be subject to the repayment
provisions of section 373 of this title.
``(f) Regulations.--The Secretary concerned shall issue
such regulations as may be necessary to carry out this
section.
``(g) Termination of Authority.--No agreement under this
section may be entered into after December 31, 2015.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 335 the following new item:
``336. Contracting bonus for cadets and midshipmen enrolled in the
Senior Reserve Officers' Training Corps.''.
Subtitle C--Disability, Retired Pay, Survivor, and Transitional
Benefits
SEC. 621. TRANSITIONAL COMPENSATION AND OTHER BENEFITS FOR
DEPENDENTS OF CERTAIN MEMBERS SEPARATED FOR
VIOLATION OF THE UNIFORM CODE OF MILITARY
JUSTICE.
(a) In General.--Chapter 53 of title 10, United States
Code, is amended by inserting after section 1059 the
following new section:
``Sec. 1059a. Dependents of certain members separated for
Uniform Code of Military Justice offenses: transitional
compensation; commissary and exchange benefits
``(a) Authority To Pay Compensation.--The Secretary of
Defense, with respect to the armed forces (other than the
Coast Guard when it is not operating as a service in the
Navy), and the Secretary of Homeland Security, with respect
to the Coast Guard when it is not operating as a service in
the Navy, may each establish a program under which the
Secretary may pay monthly transitional compensation in
accordance with this section to dependents or former
dependents of a member of the armed forces described in
subsection (b) who is under the jurisdiction of the
Secretary.
``(b) Members and Punitive Actions Covered.--This section
applies in the case of a member of the armed forces who,
after completing more than 20 years of active service or more
than 20 years of service computed under section 12732 of this
title--
``(1) is convicted by court-martial of an offense under
chapter 47 of this title (the Uniform Code of Military
Justice);
``(2) is separated from active duty pursuant to the
sentence of the court-martial; and
``(3) forfeits all pay and allowances pursuant to the
sentence of the court-martial.
``(c) Recipient of Payments.--(1) In the case of a member
of the armed forces described in subsection (b), the
Secretary may pay compensation under this section to
dependents or former dependents of the member as follows:
``(A) If the member was married at the time of the
commission of the offense resulting in separation from the
armed forces, such compensation may be paid to the spouse or
former spouse to whom the member was married at that time,
including an amount for each, if any, dependent child of the
member who resides in the same household as that spouse or
former spouse.
``(B) If there is a spouse or former spouse who is or, but
for subsection (d)(2), would be eligible for compensation
under this section and if there is a dependent child of the
member who does not reside in the same household as that
spouse or former spouse, compensation under this section may
be paid to each such dependent child of the member who does
not reside in that household.
``(C) If there is no spouse or former spouse who is or, but
for subsection (d)(2), would be eligible under this section,
compensation under this section may be paid to the dependent
children of the member.
``(2) A dependent or former dependent of a member described
in subsection (b) is not eligible for transitional
compensation under this section if the Secretary concerned
determines (under regulations prescribed under subsection
(g)) that the dependent or former dependent was an active
participant in the conduct constituting the offense under
chapter 47 of this title (the Uniform Code of Military
Justice) for which the member was convicted and separated
from the armed forces.
``(d) Commencement and Duration of Payment.--(1) If
provided under this section, the payment of transitional
compensation under this section shall commence--
``(A) as of the date the court-martial sentence is adjudged
if the sentence, as adjudged, includes--
``(i) a dismissal, dishonorable discharge, or bad conduct
discharge; and
``(ii) forfeiture of all pay and allowances; or
[[Page H3415]]
``(B) if there is a pretrial agreement that provides for
disapproval or suspension of the dismissal, dishonorable
discharge, bad conduct discharge, or forfeiture of all pay
and allowances, as of the date of the approval of the court-
martial sentence by the person acting under section 860(c) of
this title (article 60(c) of the Uniform Code of Military
Justice) if the sentence, as approved, includes--
``(i) an unsuspended dismissal, dishonorable discharge, or
bad conduct discharge; and
``(ii) forfeiture of all pay and allowances.
``(2) Paragraphs (2) and (3) of subsection (e), paragraphs
(1) and (2) of subsection (g), and subsections (f) and (h) of
section 1059 of this title shall apply in determining--
``(A) the amount of transitional compensation to be paid
under this section;
``(B) the period for which such compensation may be paid;
and
``(C) the circumstances under which the payment of such
compensation may or will cease.
``(e) Commissary and Exchange Benefits.--A dependent or
former dependent who receives transitional compensation under
this section shall, while receiving such payments, be
entitled to use commissary and exchange stores in the same
manner as provided in subsection (j) of section 1059 of this
title.
``(f) Coordination of Benefits.--The Secretary concerned
may not make payments to a spouse or former spouse under both
this section and section 1059 or 1408(h)(1) of this title. In
the case of a spouse or former spouse for whom a court order
provides for payments by the Secretary pursuant to section
1408(h)(1) of this title and to whom the Secretary offers
payments under this section or section 1059, the spouse or
former spouse shall elect which payments to receive.
``(g) Regulations.--If the Secretary of Defense (or the
Secretary of Homeland Security with respect to the Coast
Guard when it is not operating as a service in the Navy)
establishes a program to provide transitional compensation
under this section, that Secretary shall prescribe
regulations to carry out the program.
``(h) Dependent Child Defined.--In this section, the term
`dependent child', with respect to a member or former member
of the armed forces referred to in subsection (b), has the
meaning given such term in subsection (l) of section 1059 of
this title, except that status as a `dependent child' shall
be determined as of the date on which the member described in
subsection (b) is convicted of the offense concerned.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 53 of such title is amended by inserting
after the item relating to section 1059 the following new
item:
``1059a. Dependents of certain members separated for Uniform Code of
Military Justice offenses: transitional compensation;
commissary and exchange benefits.''.
(c) Conforming Amendment.--Subsection (i) of section 1059
of title 10, United States Code, is amended to read as
follows:
``(i) Coordination of Benefits.--The Secretary concerned
may not make payments to a spouse or former spouse under both
this section and section 1059a or 1408(h)(1) of this title.
In the case of a spouse or former spouse for whom a court
order provides for payments by the Secretary pursuant to
section 1408(h)(1) of this title and to whom the Secretary
offers payments under this section or section 1059a, the
spouse or former spouse shall elect which payments to
receive.''.
SEC. 622. PREVENTION OF RETIRED PAY INVERSION FOR MEMBERS
WHOSE RETIRED PAY IS COMPUTED USING HIGH-THREE
AVERAGE.
(a) Clarification of Rule for Members Who Became Members on
or After September 8, 1980.--Section 1401a(f)(1) of title 10,
United States Code, is amended--
(1) by striking ``Notwithstanding any other provision of
law, the monthly retired pay of a member or a former member
of an armed force'' and inserting the following:
``(A) Members with retired pay computed using final basic
pay.--The monthly retired pay of a member or former member of
an armed force who first became a member of a uniformed
service before September 8, 1980, and''; and
(2) by adding at the end the following new subparagraph:
``(B) Members with retired pay computed using high-three.--
Subject to subsections (d) and (e), the monthly retired pay
of a member or former member of an armed force who first
became a member of a uniformed service on or after September
8, 1980, may not be less, on the date on which the member or
former member initially becomes entitled to such pay, than
the monthly retired pay to which the member or former member
would be entitled on that date if the member or former member
had become entitled to retired pay on an earlier date,
adjusted to reflect any applicable increases in such pay
under this section. However, in the case of a member or
former member whose retired pay is computed subject to
section 1407(f) of this title, subparagraph (A) (rather than
the preceding sentence) shall apply in the same manner as if
the member or former member first became a member of a
uniformed service before September 8, 1980, but only with
respect to a calculation as of the date on which the member
or former member first became entitled to retired pay.''.
(b) Applicability.--Subparagraph (B) of section 1401a(f)(1)
of title 10, United States Code, as added by subsection
(a)(2), applies to the computation of retired pay or retainer
pay of any member or former member of an Armed Force who
first became a member of a uniformed service on or after
September 8, 1980, regardless of the date on which the member
first becomes entitled to retired or retainer pay.
Subtitle D--Commissary and Nonappropriated Fund Instrumentality
Benefits and Operations
SEC. 631. EXPANSION OF PROTECTION OF EMPLOYEES OF
NONAPPROPRIATED FUND INSTRUMENTALITIES FROM
REPRISALS.
Section 1587(b) of title 10, United States Code, is amended
by striking ``take or fail to take'' and inserting ``take,
threaten to take, or fail to take''.
SEC. 632. PURCHASE OF SUSTAINABLE PRODUCTS, LOCAL FOOD
PRODUCTS, AND RECYCLABLE MATERIALS FOR RESALE
IN COMMISSARY AND EXCHANGE STORE SYSTEMS.
(a) Improved Purchasing Efforts.--Section 2481(c) of title
10, United States Code, is amended by adding at the end the
following new paragraph:
``(3)(A) The governing body established pursuant to
paragraph (2) shall endeavor to increase the purchase for
resale at commissary stores and exchange stores of
sustainable products, local food products, and recyclable
materials.
``(B) As part of its efforts under subparagraph (A), the
governing body shall develop--
``(i) guidelines for the identification of fresh meat,
poultry, seafood, and fish, fresh produce, and other products
raised or produced through sustainable methods; and
``(ii) goals, applicable to all commissary stores and
exchange stores world-wide, to maximize, to the maximum
extent practical, the purchase of sustainable products, local
food products, and recyclable materials by September 30,
2018.''.
(b) Deadline for Establishment and Guidelines.--The initial
guidelines required by paragraph (3)(B)(i) of section 2481(c)
of title 10, United States Code, as added by subsection (a),
shall be issued not later than two years after the date of
the enactment of this Act.
SEC. 633. CORRECTION OF OBSOLETE REFERENCES TO CERTAIN
NONAPPROPRIATED FUND INSTRUMENTALITIES.
Section 2105(c) of title 5, United States Code, is amended
by striking ``Army and Air Force Motion Picture Service, Navy
Ship's Stores Ashore'' and inserting ``Navy Ships Stores
Program''.
Subtitle E--Other Matters
SEC. 641. AUTHORITY TO PROVIDE CERTAIN EXPENSES FOR CARE AND
DISPOSITION OF HUMAN REMAINS RETAINED BY THE
DEPARTMENT OF DEFENSE FOR FORENSIC PATHOLOGY
INVESTIGATION.
(a) Disposition of Remains of Persons Whose Death Is
Investigated by the Armed Forces Medical Examiner.--
(1) Covered decedents.--Section 1481(a) of title 10, United
States Code, is amended by adding at the end the following
new paragraph:
``(10) To the extent authorized under section 1482(g) of
this title, any person not otherwise covered by the preceding
paragraphs whose remains (or partial remains) have been
retained by the Secretary concerned for purposes of a
forensic pathology investigation by the Armed Forces Medical
Examiner under section 1471 of this title.''.
(2) Authorized expenses relating to care and disposition of
remains.--Section 1482 of such title is amended by adding at
the end the following new subsection:
``(g)(1) The payment of expenses incident to the recovery,
care, and disposition of the remains of a decedent covered by
section 1481(a)(10) of this title is limited to those
expenses that, as determined under regulations prescribed by
the Secretary of Defense, would not have been incurred but
for the retention of those remains for purposes of a forensic
pathology investigation by the Armed Forces Medical Examiner
under section 1471 of this title. The Secretary concerned
shall pay all other expenses authorized to be paid under this
section only on a reimbursable basis. Amounts reimbursed to
the Secretary concerned under this subsection shall be
credited to appropriations available at the time of
reimbursement for the payment of such expenses.
``(2) In a case covered by paragraph (1), if the person
designated under subsection (c) to direct disposition of the
remains of a decedent does not direct disposition of the
remains that were retained for the forensic pathology
investigation, the Secretary may pay for the transportation
of those remains to, and interment or inurnment of those
remains in, an appropriate place selected by the Secretary,
in lieu of the transportation authorized to be paid under
subsection (a)(8).
``(3) In a case covered by paragraph (1), expenses that may
be paid do not include expenses with respect to an escort
under subsection (a)(8), whether or not on a reimbursable
basis.''.
(b) Clarification of Coverage of Inurnment.--Section
1482(a)(9) of such title is amended by inserting ``or
inurnment'' after ``Interment''.
(c) Technical Amendment.--Section 1482(f) of such title is
amended in the third sentence by striking ``this subsection''
and inserting ``this section''.
SEC. 642. PROVISION OF STATUS UNDER LAW BY HONORING CERTAIN
MEMBERS OF THE RESERVE COMPONENTS AS VETERANS.
(a) Veteran Status.--
(1) In general.--Chapter 1 of title 38, United States Code,
is amended by inserting after section 107 the following new
section:
``Sec. 107A. Honoring as veterans certain persons who
performed service in the reserve components
``Any person who is entitled under chapter 1223 of title 10
to retired pay for nonregular service or, but for age, would
be entitled under such chapter to retired pay for nonregular
service shall be honored as a veteran but shall not
[[Page H3416]]
be entitled to any benefit by reason of this section.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 107 the following new item:
``107A. Honoring as veterans certain persons who performed service in
the reserve components.''.
(b) Clarification Regarding Benefits.--No person may
receive any benefit under the laws administered by the
Secretary of Veterans Affairs solely by reason of section
107A of title 38, United States Code, as added by subsection
(a).
SEC. 643. SURVEY OF MILITARY PAY AND BENEFITS PREFERENCES.
(a) Survey Required.--The Secretary of Defense shall carry
out a anonymous survey of random members of the Armed Forces
regarding military pay and benefits.
(b) Content of Survey.--A survey under this section shall
be conducted for the purpose of soliciting information on the
following:
(1) The value that members of the Armed Forces place on the
following forms of compensation relative to one another:
(A) Basic pay.
(B) Allowances for housing and subsistence.
(C) Bonuses and special pays.
(D) Dependent healthcare benefits.
(E) Healthcare benefits for retirees under 65 years old.
(F) Healthcare benefits for Medicare-eligible retirees.
(G) Retirement pay.
(2) How the members value different levels of pay or
benefits, including the impact of co-payments or deductibles
on the value of benefits.
(3) Any other issues related to military pay and benefits
as the Secretary of Defense considers appropriate.
(4) How information collected pursuant to a previous
paragraph varies by age, rank, dependent status, and other
factors the Secretary of Defense considers appropriate.
(c) Submission of Results.--Upon the completion of a survey
conducted under this section, the Secretary of Defense shall
submit to Congress and make publicly available a report
containing the results of the survey, including both the
analyses and the raw data collected.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Improvements to Health Benefits
SEC. 701. MENTAL HEALTH ASSESSMENTS FOR MEMBERS OF THE ARMED
FORCES.
(a) In General.--Section 1074m of title 10, United States
Code, is amended--
(1) in subsection (a)(1)--
(A) by redesignating subparagraph (B) and (C) as
subparagraph (C) and (D), respectively; and
(B) by inserting after subparagraph (A) the following:
``(B) Once during each 180-day period during which a member
is deployed.''; and
(2) in subsection (c)(1)(A)--
(A) in clause (i), by striking ``; and'' and inserting a
semicolon;
(B) by redesignating clause (ii) as clause (iii); and
(C) by inserting after clause (i) the following:
``(ii) by personnel in deployed units whose
responsibilities include providing unit health care services
if such personnel are available and the use of such personnel
for the assessments would not impair the capacity of such
personnel to perform higher priority tasks; and''.
(b) Conforming Amendment.--Section 1074m(a)(2) of title 10,
United States Code, is amended by striking ``subparagraph (B)
and (C)'' and inserting ``subparagraph (C) and (D)''.
SEC. 702. PERIODIC MENTAL HEALTH ASSESSMENTS FOR MEMBERS OF
THE ARMED FORCES.
(a) In General.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1074m the
following new section:
``Sec. 1074n. Periodic mental health assessments for members
of the armed forces
``(a) In General.--The Secretary of Defense shall provide
periodic, person-to-person mental health assessments to each
member of the armed forces serving on active duty.
``(b) Frequency.--The Secretary shall determine the
frequency of the mental health assessments provided under
subsection (a).
``(c) Elements.--(1) The mental health assessments provided
under subsection (a) shall meet the requirements for mental
health assessments as described in section 1074m(c)(1) of
this title.
``(2) The Secretary may treat health assessments and other
person-to-person assessments that are provided to members of
the armed forces, including examinations under sections 1074f
and 1074m of this title, as meeting the requirements for
mental health assessments required under subsection (a) if
the Secretary determines that such assessments and person-to-
person assessments meet the requirements for mental health
assessments established by this section.
``(d) Sharing of Information.--Section 1074m(e) of this
title, regarding the sharing of information with the
Secretary of Veterans Affairs, shall apply to mental health
assessments provided under subsection (a).
``(e) Regulations.--The Secretary of Defense, in
consultation with the other administering Secretaries, shall
prescribe regulations for the administration of this
section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1074m the following new item:
``1074n. Periodic mental health assessments for members of the armed
forces.''.
Subtitle B--Health Care Administration
SEC. 711. FUTURE AVAILABILITY OF TRICARE PRIME FOR CERTAIN
BENEFICIARIES ENROLLED IN TRICARE PRIME.
Section 732 of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1816) is
amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting the following new subsection:
``(b) Access to TRICARE Prime.--
``(1) One-time election.--Subject to paragraph (3), the
Secretary shall ensure that each affected eligible
beneficiary who is enrolled in TRICARE Prime as of September
30, 2013, may make a one-time election to continue such
enrollment in TRICARE Prime, notwithstanding that a contract
described in subsection (a)(2)(A) does not allow for such
enrollment based on the location in which such beneficiary
resides. The beneficiary may continue such enrollment in
TRICARE Prime so long as the beneficiary resides in the same
ZIP code as the ZIP Code in which the beneficiary resided at
the time of such election.
``(2) Enrollment in tricare standard.--If an affected
eligible beneficiary makes the one-time election under
paragraph (1), the beneficiary may thereafter elect to enroll
in TRICARE Standard at any time in accordance with a contract
described in subsection (a)(2)(A).
``(3) Residence at time of election.--An affected eligible
beneficiary may not make the one-time election under
paragraph (1) if, at the time of such election, the
beneficiary does not reside in a ZIP code that is in a region
described in subsection (c)(1)(B).''.
SEC. 712. COOPERATIVE HEALTH CARE AGREEMENTS BETWEEN THE
MILITARY DEPARTMENTS AND NON-MILITARY HEALTH
CARE ENTITIES.
Section 713 of the National Defense Authorization Act of
2010 (Public Law 111-84; 10 U.S.C. 1073 note) is amended--
(1) in subsection (a), by striking ``Secretary of Defense''
and inserting ``Secretary concerned'';
(2) in subsection (b)--
(A) by striking ``Secretary shall'' and inserting
``Secretary concerned shall'';
(B) in paragraph (1)(A), by inserting ``if the Secretary
establishing such agreement is the Secretary of Defense''
before the semicolon; and
(C) in paragraph (3), by inserting ``or the military
department concerned'' after ``the Department of Defense'';
and
(3) by adding at the end the following new subsection:
``(e) Secretary Concerned Defined.--In this section, the
term `Secretary concerned' means--
``(1) the Secretary of a military department; or
``(2) the Secretary of Defense.''.
SEC. 713. LIMITATION ON AVAILABILITY OF FUNDS FOR INTEGRATED
ELECTRONIC HEALTH RECORD PROGRAM.
(a) Limitation.-- Of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2014 for procurement or research, development,
test, and evaluation for the Department of Defense for the
integrated electronic health record program, not more than 75
percent may be obligated or expended until a period of 30
days has elapsed following the date on which the Secretary of
Defense submits to the congressional defense committees a
report detailing an analysis of alternatives for the plan of
the Secretary to proceed with such program.
(b) Matters Included.--The report under subsection (a)
shall include the following:
(1) A description of the key performance requirements for
the integrated electronic health record program capability.
(2) An analysis of alternatives for how to acquire and
implement an integrated electronic health record capability
that meets such requirements.
(3) An assessment of the budgetary resources and timeline
required for each of the evaluated alternatives.
(4) A recommendation by the Secretary with respect to the
alternative preferred by the Secretary.
SEC. 714. PILOT PROGRAM ON INCREASED THIRD-PARTY COLLECTION
REIMBURSEMENTS IN MILITARY MEDICAL TREATMENT
FACILITIES.
(a) Pilot Program.--
(1) In general.--The Secretary of Defense, in coordination
with the Secretaries of the military departments, shall carry
out a pilot program to demonstrate and assess the feasibility
of implementing processes described in paragraph (2) to
increase the amounts collected under section 1095 of title
10, United States Code, from a third-party payer for charges
for health care services incurred by the United States at a
military medical treatment facility.
(2) Processes described.--The processes described in this
paragraph are revenue-cycle management processes, including
cash-flow management and accounts-receivable processes.
(b) Requirements.--In carrying out the pilot program under
subsection (a)(1), the Secretary shall--
(1) identify and analyze the best practice option,
including commercial best practices, with respect to the
processes described in subsection (a)(2) that are used in
nonmilitary health care facilities; and
(2) conduct a cost-benefit analysis to assess measurable
results of the pilot program, including an analysis of--
(A) the different processes used in the pilot program;
(B) the amount of third-party collections that resulted
from such processes;
(C) the cost to implement and sustain such processes; and
(D) any other factors the Secretary determines appropriate
to assess the pilot program.
(c) Locations.--The Secretary shall carry out the pilot
program under subsection (a)(1)--
(1) at military installations that have a military medical
treatment facility with inpatient and outpatient
capabilities;
(2) at a number of such installations at different military
departments that the Secretary
[[Page H3417]]
determines sufficient to fully assess the results of the
pilot program.
(d) Duration.--The Secretary shall commence the pilot
program under subsection (a)(1) by not later than 270 days
after the date of the enactment of this Act and shall carry
out such program for three years.
(e) Report.--Not later than 180 days after completing the
pilot program under subsection (a)(1), the Secretary shall
submit to the congressional defense committees a report
describing the results of the program, including--
(1) a comparison of--
(A) the processes described in subsection (a)(2) that were
used in the military medical treatment facilities
participating in the program; and
(B) the third-party collection processes used by military
medical treatment facilities not included in the program;
(2) a cost analysis of implementing the processes described
in subsection (a)(2) for third-party collections at military
medical treatment facilities; and
(3) an assessment of the program, including any
recommendations to improve third-party collections.
Subtitle C--Other Matters
SEC. 721. DISPLAY OF BUDGET INFORMATION FOR EMBEDDED MENTAL
HEALTH PROVIDERS OF THE RESERVE COMPONENTS.
(a) In General.--Chapter 9 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 236. Embedded mental health providers of the reserve
components: display of budget information
``The Secretary of Defense shall submit to Congress, as a
part of the documentation that supports the President's
annual budget for the Department of Defense, a budget
justification display with respect to embedded mental health
providers within each reserve component, including the amount
requested for each such component.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``236. Embedded mental health providers of the reserve components:
display of budget information.''.
SEC. 722. AUTHORITY OF UNIFORMED SERVICES UNIVERSITY OF
HEALTH SCIENCES TO ENTER INTO CONTRACTS AND
AGREEMENTS AND MAKE GRANTS TO OTHER NONPROFIT
ENTITIES.
Section 2113(g)(1) of title 10, United States Code, is
amended--
(1) in subparagraph (B)--
(A) by inserting ``, or any other nonprofit entity'' after
``Military Medicine''; and
(B) by inserting ``, or nonprofit entity,'' after ``such
Foundation''; and
(2) in subparagraph (C)--
(A) by inserting ``, or any other nonprofit entity,'' after
``Military Medicine''; and
(B) by inserting ``, or nonprofit entity,'' after ``such
foundation''.
SEC. 723. MENTAL HEALTH SUPPORT FOR MILITARY PERSONNEL AND
FAMILIES.
The Secretary of Defense may carry out collaborative
programs to--
(1) respond to the escalating suicide rates and combat
stress related arrest rates of members of the Armed Forces;
and
(2) train active duty members to recognize and respond to
combat stress disorder, suicide risk, substance addiction,
risk-taking behaviors, and family violence.
SEC. 724. RESEARCH REGARDING HYDROCEPHALUS.
In conducting the Peer Reviewed Medical Research Program,
the Secretary of Defense may consider selecting medical
research projects relating to hydrocephalus.
SEC. 725. TRAUMATIC BRAIN INJURY RESEARCH.
The Secretary of Defense shall carry out research,
development, test, and evaluation activities with respect to
traumatic brain injury and psychological health, including
activities regarding drug development to halt
neurodegeneration following traumatic brain injury.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
SEC. 801. MODIFICATION OF REPORTING REQUIREMENT FOR
DEPARTMENT OF DEFENSE BUSINESS SYSTEM
ACQUISITION PROGRAMS WHEN INITIAL OPERATING
CAPABILITY IS NOT ACHIEVED WITHIN FIVE YEARS OF
MILESTONE A APPROVAL.
(a) Submission to Pre-certification Authority.--Subsection
(b) of section 811 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2316; 10 U.S.C. 2222 note) is amended by striking
``the system shall be deemed to have undergone'' and all that
follows through the period and inserting ``the appropriate
official shall report such failure, along with the facts and
circumstances surrounding the failure, to the appropriate
pre-certification authority for that system under section
2222 of title 10, United States Code, and the information so
reported shall be considered by the pre-certification
authority in the decision whether to recommend certification
of obligations under that section.''.
(b) Covered Systems.--Subsection (c) of such section is
amended--
(1) by striking ``3542(b)(2) of title 44'' and inserting
``section 2222(j)(2) of title 10''; and
(2) by inserting ``, and that is not designated in section
2445a of title 10, United States Code, as a `major automated
information system program' or an `other major information
technology investment program' '' before the period at the
end.
(c) Updated References to DOD Issuances.--Subsection (d) of
such section is amended--
(1) in paragraph (1), by striking ``Department of Defense
Instruction 5000.2'' and inserting ``Department of Defense
Directive 5000.01''; and
(2) in paragraph (2), by striking ``Department of Defense
Instruction 5000.2, dated May 12, 2003'' and inserting
``Department of Defense Instruction 5000.02, dated December
3, 2008''.
SEC. 802. ENHANCED TRANSFER OF TECHNOLOGY DEVELOPED AT
DEPARTMENT OF DEFENSE LABORATORIES.
(a) Definitions.--As used in this section:
(1) The term ``military department'' has the meaning
provided in section 101 of title 10, United States Code.
(2) The term ``DOD laboratory'' or ``laboratory'' means any
facility or group of facilities that--
(A) is owned, leased, operated, or otherwise used by the
Department of Defense; and
(B) meets the definition of ``laboratory'' as provided in
subsection (d)(2) of section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a).
(b) Authority.--
(1) In general.--The Secretary of Defense and the Secretary
of a military department each may authorize the heads of DOD
laboratories to grant nonexclusive, exclusive, or partially
exclusive licenses, royalty free or for royalties or for
rights to other intellectual property, for computer software
and its related documentation developed at a DOD laboratory,
but only if--
(A) the computer software and related documentation would
be a trade secret under the meaning of section 552(b)(4) of
title 5, United States Code, if the information had been
obtained from a non-Federal party;
(B) the public is notified of the availability of the
software and related documentation for licensing and
interested parties have a fair opportunity to submit
applications for licensing;
(C) such licensing activities and licenses comply with the
requirements under section 209 of title 35, United States
Code; and
(D) the software originally was developed to meet the
military needs of the Department of Defense.
(2) Protections against unauthorized disclosure.--The
Secretary of Defense and the Secretary of a military
department each shall provide appropriate precautions against
the unauthorized disclosure of any computer software or
documentation covered by paragraph (1)(A), including
exemption from section 552 of title 5, United States Code,
for a period of up to 5 years after the development of the
computer software by the DOD laboratory.
(c) Royalties.--
(1) Use of royalties.--Except as provided in paragraph (2),
any royalties or other payments received by the Department of
Defense or a military department from licensing computer
software or documentation under paragraph (b)(1) shall be
retained by the Department of Defense or the military
department and shall be disposed of as follows:
(A)(i) The Department of Defense or the military department
shall pay each year the first $2,000, and thereafter at least
15 percent, of the royalties or other payments, to be divided
among the employees who developed the computer software.
(ii) The Department of Defense or the military department
may provide appropriate lesser incentives, from the royalties
or other payments, to laboratory employees who are not
developers of such computer software but who substantially
increased the technical value of the software.
(iii) The Department of Defense or the military department
shall retain the royalties and other payments received until
it makes payments to employees of a DOD laboratory under
clause (i) or (ii).
(iv) The Department of Defense or the military department
may retain an amount reasonably necessary to pay expenses
incidental to the administration and distribution of
royalties or other payments under this section by an
organizational unit of the Department of Defense or military
department other than its laboratories.
(B) The balance of the royalties or other payments shall be
transferred by the Department of Defense or the military
department to its laboratories, with the majority share of
the royalties or other payments going to the laboratory where
the development occurred. The royalties or other payments so
transferred to any DOD laboratory may be used or obligated by
that laboratory during the fiscal year in which they are
received or during the 2 succeeding fiscal years--
(i) to reward scientific, engineering, and technical
employees of the DOD laboratory, including developers of
sensitive or classified technology, regardless of whether the
technology has commercial applications;
(ii) to further scientific exchange among the laboratories
of the agency;
(iii) for education and training of employees consistent
with the research and development missions and objectives of
the Department of Defense, military department, or DOD
laboratory, and for other activities that increase the
potential for transfer of the technology of the laboratories;
(iv) for payment of expenses incidental to the
administration and licensing of computer software or other
intellectual property made at that DOD laboratory, including
the fees or other costs for the services of other agencies,
persons, or organizations for intellectual property
management and licensing services; or
(v) for scientific research and development consistent with
the research and development missions and objectives of the
DOD laboratory.
(C) All royalties or other payments retained by the
Department of Defense, military department, or DOD laboratory
after payments have been made pursuant to subparagraphs (A)
and (B) that are unobligated and unexpended at the
[[Page H3418]]
end of the second fiscal year succeeding the fiscal year in
which the royalties and other payments were received shall be
paid into the Treasury of the United States.
(2) Exception.--If, after payments under paragraph (1)(A),
the balance of the royalties or other payments received by
the Department of Defense or the military department in any
fiscal year exceed 5 percent of the funds received for use by
the DOD laboratory for research, development, engineering,
testing, and evaluation or other related administrative,
processing or value-added activities for that year, 75
percent of such excess shall be paid to the Treasury of the
United States and the remaining 25 percent may be used or
obligated under paragraph (1)(B). Any funds not so used or
obligated shall be paid into the Treasury of the United
States.
(3) Status of payments to employees.--Any payment made to
an employee under this section shall be in addition to the
regular pay of the employee and to any other awards made to
the employee, and shall not affect the entitlement of the
employee to any regular pay, annuity, or award to which the
employee is otherwise entitled or for which the employee is
otherwise eligible or limit the amount thereof except that
the monetary value of an award for the same project or effort
shall be deducted from the amount otherwise available under
this paragraph. Payments, determined under the terms of this
paragraph and made to an employee developer as such, may
continue after the developer leaves the DOD laboratory or the
Department of Defense or military department. Payments made
under this section shall not exceed $75,000 per year to any
one person, unless the President approves a larger award
(with the excess over $75,000 being treated as a Presidential
award under section 4504 of title 5, United States Code).
(d) Information in Report.--The report required by section
2515(d) of title 10, United States Code, shall include
information regarding the implementation and effectiveness of
this section.
(e) Expiration.--The authority provided in this section
shall expire on December 31, 2018.
SEC. 803. EXTENSION OF LIMITATION ON AGGREGATE ANNUAL AMOUNT
AVAILABLE FOR CONTRACT SERVICES.
Section 808 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1489) is
amended--
(1) by striking ``fiscal year 2012 or 2013'' each place it
appears and inserting ``fiscal year 2012, 2013, 2014 or
2015''; and
(2) by striking ``fiscal years 2012 and 2013'' each place
it appears and inserting ``fiscal years 2012, 2013, 2014, and
2015''.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 811. ADDITIONAL CONTRACTOR RESPONSIBILITIES IN
REGULATIONS RELATING TO DETECTION AND AVOIDANCE
OF COUNTERFEIT ELECTRONIC PARTS.
Section 818(c)(2)(B) of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1493;
10 U.S.C. 2302 note) is amended--
(1) in clause (i), by inserting ``electronic'' after
``avoid counterfeit''; and
(2) in clause (ii), by striking ``were provided'' and
inserting the following: ``were--
``(I) procured from an original manufacturer or its
authorized dealer or from a trusted supplier in accordance
with regulations described in paragraph (3); or
``(II) provided''.
SEC. 812. AMENDMENTS RELATING TO DETECTION AND AVOIDANCE OF
COUNTERFEIT ELECTRONIC PARTS.
Section 818(c)(2) of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. 2302 note)
is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), at the end of clause (iii), by
striking the period and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) the cost of counterfeit electronic parts and suspect
counterfeit electronic parts and the cost of rework or
corrective action that may be required to remedy the use or
inclusion of obsolete parts are not allowable costs under
Department contracts, unless--
``(i) the offeror's proposal in response to a Department of
Defense solicitation for maintenance, refurbishment, or
remanufacture work identifies obsolete electronic parts and
includes a plan to ensure trusted sources of supply for
obsolete electronic parts, or to implement design
modifications to eliminate obsolete electronic parts;
``(ii) the Department elects not to fund design
modifications to eliminate obsolete electronic parts; and
``(iii) the contractor applies inspections and tests
intended to detect counterfeit electronic parts and suspect
counterfeit electronic parts when purchasing electronic parts
from other than the original manufacturers or their
authorized dealers, pursuant to paragraph (3).''.
SEC. 813. GOVERNMENT-WIDE LIMITATIONS ON ALLOWABLE COSTS FOR
CONTRACTOR COMPENSATION.
(a) Defense Contracts.--
(1) Amendments relating to contractor employees.--
Subparagraph (P) of section 2324(e)(1) of title 10, United
States Code, is amended to read as follows:
``(P) Costs of compensation of any contractor employee for
a fiscal year, regardless of the contract funding source, to
the extent that such compensation exceeds $763,029 adjusted
annually for the U.S. Bureau of Labor Statistics Employment
Cost Index for total compensation for private industry
workers, by occupational and industry group not seasonally
adjusted, except that the Secretary of Defense may establish
narrowly targeted exceptions for positions in the science,
technology, engineering, mathematics, medical, and
manufacturing fields upon a determination that such
exceptions are needed to ensure that the Department of
Defense has continued access to needed skills and
capabilities.''.
(2) Amendments relating to senior executives of certain
contractors.--Section 2324(e)(1) of such title is further
amended by adding at the end the following new subparagraph:
``(Q) Costs of compensation of senior executives of a
covered contractor.''.
(3) Definitions.--Section 2324(l) of such title is
amended--
(A) by inserting after paragraph (4) the following new
paragraph (5):
``(5) The term `senior executives', with respect to a
covered contractor, means the five most highly compensated
employees of the contractor. In determining the five most
highly compensated employees in the case of a contractor with
components (such as subsidiaries or divisions), the
determination shall be made using the five most highly
compensated employees contractor-wide, not within each
component.''; and
(B) by inserting after paragraph (6) the following new
paragraph (7):
``(7) The term `covered contractor', with respect to a
fiscal year, means a contractor that was awarded Federal
contracts in an amount totaling more than $500,000,000 during
the previous fiscal year.''.
(b) Civilian Agency Contracts.--
(1) Amendments relating to contractor employees.--Paragraph
(16) of section 4304(a) of title 41, United States Code, is
amended to read as follows:
``(16) Costs of compensation of any contractor employee for
a fiscal year, regardless of the contract funding source, to
the extent that such compensation exceeds $763,029 adjusted
annually for the U.S. Bureau of Labor Statistics Employment
Cost Index for total compensation for private industry
workers, by occupational and industry group not seasonally
adjusted, except that the executive agency may establish
narrowly targeted exceptions for positions in the science,
technology, engineering, mathematics, medical, and
manufacturing fields upon a determination that such
exceptions are needed to ensure that the executive agency has
continued access to needed skills and capabilities.''.
(2) Amendments relating to senior executives of certain
contractors.--Section 4304(a) of such title is further
amended by adding at the end the following new paragraph:
``(17) Costs of compensation of senior executives of a
covered contractor.''.
(3) Definitions.--Section 4301 of such title is amended by
striking paragraph (4) and inserting the following new
paragraphs (4) and (5):
``(4) The term `senior executives', with respect to a
covered contractor, means the five most highly compensated
employees of the contractor. In determining the five most
highly compensated employees in the case of a contractor with
components (such as subsidiaries or divisions), the
determination shall be made using the five most highly
compensated employees contractor-wide, not within each
component.
``(5) The term `covered contractor', with respect to a
fiscal year, means a contractor that was awarded Federal
contracts in an amount totaling more than $500,000,000 during
the previous fiscal year.''.
(c) Conforming Amendments.--Chapter 11 of title 41, United
States Code, is amended--
(1) by striking section 1127; and
(2) by striking the item relating to that section in the
table of sections at the beginning of such chapter.
(d) Effective Date.--The amendments made by this section
shall apply with respect to costs of compensation incurred
under contracts entered into on or after the date that is 180
days after the date of the enactment of this Act.
SEC. 814. INCLUSION OF ADDITIONAL COST ESTIMATE INFORMATION
IN CERTAIN REPORTS.
(a) Additional Cost Estimate Information Required to Be
Included in Selected Acquisition Reports.--Section 2432(c)(1)
of title 10, United States Code, is amended--
(1) by redesignating subparagraphs (B), (C) and (D) as
subparagraphs (C), (D), and (F), respectively;
(2) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) for each major defense acquisition program or
designated major subprogram included in the report--
``(i) the Baseline Estimate (as that term is defined in
section 2433(a)(2) of this title), along with the associated
risk curve and sensitivity of that estimate;
``(ii) the original Baseline Estimate (as that term is
defined in section 2435(d)(1) of this title), along with the
associated risk curve and sensitivity of that estimate;
``(iii) if the original Baseline Estimate was adjusted or
revised pursuant to section 2435(d)(2) of this title, such
adjusted or revised estimate, along with the associated risk
curve and sensitivity of that estimate; and
``(iv) the primary risk parameters associated with the
current procurement cost for the program (as that term is
used in section 2432(e)(4) of this title);'';
(3) in subparagraph (D), as so redesignated, by striking
``and'' at the end; and
(4) by inserting after subparagraph (D), as so
redesignated, the following new subparagraph (E):
``(E) estimated contract termination costs; and''.
(b) Additional Duties of Director of Cost Assessment and
Program Evaluation With Respect to SAR.--
(1) Review required.--Section 2334(a) of title 10, United
States Code, is amended--
[[Page H3419]]
(A) by striking ``and'' at the end of paragraph (6);
(B) by striking the period and inserting ``; and'' at the
end of paragraph (7); and
(C) by adding at the end the following new paragraph (8):
``(8) annually review the cost estimates and associated
information required to be included, by section 2432(c)(1)(B)
of this title, in the Selected Acquisition Reports required
by that section.''.
(2) Additional information required in annual report.--
Section 2334(f)(1) of such title is amended--
(A) by striking ``report, an assessment of--'' and
inserting ``report--'';
(B) in each of subparagraphs (A), (B), and (C), by
inserting ``an assessment of'' before the first word of the
text;
(C) in subparagraph (B), by striking ``and'' at the end;
(D) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(E) by adding at the end the following new subparagraph:
``(D) a summary of the cost estimate information reviewed
under subsection (a)(8), an identification of any trends in
that information, an aggregation of the cumulative risk of
the portfolio of systems reviewed under that subsection, and
recommendations for improving cost estimates on the basis of
the review under that subsection.''.
SEC. 815. AMENDMENT RELATING TO COMPELLING REASONS FOR
WAIVING SUSPENSION OR DEBARMENT.
Section 2393(b) of title 10, United States Code, is amended
by inserting after the first sentence the following: ``The
Secretary of Defense shall also make the determination
described in subsection (a)(2) available on a publicly
accessible website.''.
SEC. 816. REQUIREMENT THAT COST OR PRICE TO THE FEDERAL
GOVERNMENT BE GIVEN AT LEAST EQUAL IMPORTANCE
AS TECHNICAL OR OTHER CRITERIA IN EVALUATING
COMPETITIVE PROPOSALS FOR DEFENSE CONTRACTS.
(a) Requirement.--Subparagraph (A) of section 2305(a)(3) of
title 10, United States Code, is amended by striking
``proposals; and'' at the end of clause (ii) and all that
follows through the end of the subparagraph and inserting the
following: ``proposals and that must be assigned importance
at least equal to all evaluation factors other than cost or
price when combined.''.
(b) Waiver.--Section 2305(a)(3) of such title is further
amended by striking subparagraph (B) and inserting the
following:
``(B) The requirement of subparagraph (A)(ii) relating to
assigning at least equal importance to evaluation factors of
cost or price may be waived by the head of the agency.''.
(c) Report.--Section 2305(a)(3) of such title is further
amended by adding at the end the following new subparagraph:
``(C) Not later than 180 days after the end of each fiscal
year, the Secretary of Defense shall submit to Congress, and
post on a publicly available website of the Department of
Defense, a report containing a list of each waiver issued by
the head of an agency under subparagraph (B) during the
preceding fiscal year.''.
SEC. 817. REQUIREMENT TO BUY AMERICAN FLAGS FROM DOMESTIC
SOURCES.
Section 2533a(b) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(3) A flag of the United States of America (within the
meaning of chapter 1 of title 4).''.
Subtitle C--Provisions Relating to Contracts in Support of Contingency
Operations in Iraq or Afghanistan
SEC. 821. AMENDMENTS RELATING TO PROHIBITION ON CONTRACTING
WITH THE ENEMY.
(a) Amendments Relating to Prohibition.--Section 841(a)(1)
of the National Defense Authorization Act for Fiscal Year
2012 (Public Law 112-81; 126 Stat. 1510) is amended--
(1) in the matter preceding subparagraph (A), by striking
``Commander of the United States Central Command'' and
inserting ``commander of a covered combatant command'';
(2) in subparagraph (A)--
(A) by striking ``Commander of the United States Central
Command'' and inserting ``commander of the covered combatant
command''; and
(B) by striking ``United States Central Command theater of
operations'' and inserting ``theater of operations of that
command'';
(3) in subparagraph (B), by striking ``United States
Central Command theater of operations'' and inserting
``theater of operations of the covered combatant command'';
and
(4) in subparagraph (C)--
(A) by striking ``Commander of the United States Central
Command'' and inserting ``commander of the covered combatant
command''; and
(B) by striking ``United States Central Command theater of
operations'' and inserting ``theater of operations of that
command''.
(b) Amendments Relating to Contract Clause.--Section
841(b)(3) of such Act is amended--
(1) by striking ``$100,000'' and inserting ``$50,000''; and
(2) by striking ``United States Central Command theater of
operations'' and inserting ``theater of operations of a
covered combatant command''.
(c) Amendments Relating to Identification of Contracts.--
Section 841(c) of such Act is amended--
(1) in paragraph (1)--
(A) by striking ``, acting through the Commander of the
United States Central Command,''; and
(B) by striking ``United States Central Command theater of
operations'' and inserting ``theaters of operations of
covered combatant commands'';
(2) in paragraph (2)--
(A) by striking ``Commander of the United States Central
Command'' and inserting ``commander of a covered combatant
command''; and
(B) by striking ``Commander may notify'' and inserting
``commander may notify''; and
(3) in paragraph (3), by striking ``Commander of the United
States Central Command'' and inserting ``commander of a
covered combatant command''.
(d) Amendments Relating to Nondelegation of
Responsibilities.--Section 841(d)(2) of such Act is amended
by striking ``Commander of the United States Central
Command'' and inserting ``commander of a covered combatant
command''.
(e) Amendments Relating to Definitions.--Section 841(f) of
such Act is amended--
(1) by striking the subsection heading and inserting
``Definitions.--'';
(2) by striking ``In this section, the term'' and inserting
the following: ``In this section:
``(1) Contingency operation.--The term''; and
(3) by adding at the end the following new paragraph:
``(2) Covered combatant command.--The term `covered
combatant command' means the United States Central Command,
the United States European Command, the United States
Southern Command, and the United States Pacific Command.''.
(f) Repeal of Sunset.--Subsection (g) of section 841 of
such Act is repealed.
(g) Technical Amendments.--
(1) Conforming amendment to section heading.--
(A) The heading of section 841 of such Act is amended by
striking ``IN THE UNITED STATES CENTRAL COMMAND THEATER OF
OPERATIONS''.
(B) The item relating to section 841 in the table of
sections at the beginning of title VIII and in section 2 of
such Act is amended to read as follows:
``Sec. 841. Prohibition on contracting with the enemy.''.
(2) Repeal of superseded deadlines.--Paragraph (1) of each
of subsections (a), (b), and (c) of section 841 of such Act
is amended by striking ``Not later than 30 days after the
date of the enactment of this Act, the'' and inserting
``The''.
(h) Effective Date.--The amendments made by this section
shall apply to contracts entered into on or after the date
that is 90 days after the date of the enactment of this Act.
SEC. 822. COLLECTION OF DATA RELATING TO CONTRACTS IN IRAQ
AND AFGHANISTAN.
(a) Penalties.--Section 861 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181;
10 U.S.C. 2302 note) is amended by adding at the end the
following new subsection:
``(e) Penalties for Failure to Comply.--Any contract in
Afghanistan entered into or modified after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2014 may include a clause requiring the
imposition of a penalty on any contractor that does not
comply with the policies or guidance issued or the
regulations prescribed pursuant to subsection (c). Compliance
with such policies, guidance, or regulations may be
considered as a factor in the determination of award and
incentive fees.''.
(b) Penalty Information Covered in Report.--Section 863(c)
of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 10 U.S.C. 2302 note) is amended by
adding at the end the following new paragraph:
``(4) Any penalties imposed on contractors for failing to
comply with requirements under section 861(e), including
requirements to provide information for the common databases
identified under section 861(b)(4).''.
Subtitle D--Other Matters
SEC. 831. EXTENSION OF PILOT PROGRAM ON ACQUISITION OF
MILITARY PURPOSE NONDEVELOPMENTAL ITEMS.
Section 866(f)(1) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383;
124 Stat. 4296; 10 U.S.C. 2302 note) is amended by striking
``the date that is five years after the date of the enactment
of this Act.'' and inserting ``December 31, 2019.''.
SEC. 832. EXTENSION OF AUTHORITY TO ACQUIRE PRODUCTS AND
SERVICES PRODUCED IN COUNTRIES ALONG A MAJOR
ROUTE OF SUPPLY TO AFGHANISTAN.
Section 801(f) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2399), as
amended by section 841(a) of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239;
126 Stat. 1845), is amended by striking ``December 31, 2014''
and inserting ``December 31, 2015''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
SEC. 901. REDESIGNATION OF THE DEPARTMENT OF THE NAVY AS THE
DEPARTMENT OF THE NAVY AND MARINE CORPS.
(a) Redesignation of the Department of the Navy as the
Department of the Navy and Marine Corps.--
(1) Redesignation of military department.--The military
department designated as the Department of the Navy is
redesignated as the Department of the Navy and Marine Corps.
(2) Redesignation of secretary and other statutory
offices.--
(A) Secretary.--The position of the Secretary of the Navy
is redesignated as the Secretary of the Navy and Marine
Corps.
(B) Other statutory offices.--The positions of the Under
Secretary of the Navy, the
[[Page H3420]]
four Assistant Secretaries of the Navy, and the General
Counsel of the Department of the Navy are redesignated as the
Under Secretary of the Navy and Marine Corps, the Assistant
Secretaries of the Navy and Marine Corps, and the General
Counsel of the Department of the Navy and Marine Corps,
respectively.
(b) Conforming Amendments to Title 10, United States
Code.--
(1) Definition of ``military department''.--Paragraph (8)
of section 101(a) of title 10, United States Code, is amended
to read as follows:
``(8) The term `military department' means the Department
of the Army, the Department of the Navy and Marine Corps, and
the Department of the Air Force.''.
(2) Organization of department.--The text of section 5011
of such title is amended to read as follows: ``The Department
of the Navy and Marine Corps is separately organized under
the Secretary of the Navy and Marine Corps.''.
(3) Position of secretary.--Section 5013(a)(1) of such
title is amended by striking ``There is a Secretary of the
Navy'' and inserting ``There is a Secretary of the Navy and
Marine Corps''.
(4) Chapter headings.--
(A) The heading of chapter 503 of such title is amended to
read as follows:
``CHAPTER 503--DEPARTMENT OF THE NAVY AND MARINE CORPS''.
(B) The heading of chapter 507 of such title is amended to
read as follows:
``CHAPTER 507--COMPOSITION OF THE DEPARTMENT OF THE NAVY AND MARINE
CORPS''.
(5) Other amendments.--
(A) Title 10, United States Code, is amended by striking
``Department of the Navy'' and ``Secretary of the Navy'' each
place they appear other than as specified in paragraphs (1),
(2), (3), and (4) (including in section headings, subsection
captions, tables of chapters, and tables of sections) and
inserting ``Department of the Navy and Marine Corps'' and
``Secretary of the Navy and Marine Corps'', respectively, in
each case with the matter inserted to be in the same typeface
and typestyle as the matter stricken.
(B)(i) Sections 5013(f), 5014(b)(2), 5016(a), 5017(2),
5032(a), and 5042(a) of such title are amended by striking
``Assistant Secretaries of the Navy'' and inserting
``Assistant Secretaries of the Navy and Marine Corps''.
(ii) The heading of section 5016 of such title, and the
item relating to such section in the table of sections at the
beginning of chapter 503 of such title, are each amended by
inserting ``and Marine Corps'' after ``of the Navy'', with
the matter inserted in each case to be in the same typeface
and typestyle as the matter amended.
(c) Other Provisions of Law and Other References.--
(1) Title 37, united states code.--Title 37, United States
Code, is amended by striking ``Department of the Navy'' and
``Secretary of the Navy'' each place they appear and
inserting ``Department of the Navy and Marine Corps'' and
``Secretary of the Navy and Marine Corps'', respectively.
(2) Other references.--Any reference in any law other than
in title 10 or title 37, United States Code, or in any
regulation, document, record, or other paper of the United
States, to the Department of the Navy shall be considered to
be a reference to the Department of the Navy and Marine
Corps. Any such reference to an office specified in
subsection (a)(2) shall be considered to be a reference to
that office as redesignated by that section.
(d) Effective Date.--This section and the amendments made
by this section shall take effect on the first day of the
first month beginning more than 60 days after the date of the
enactment of this Act.
SEC. 902. REVISIONS TO COMPOSITION OF TRANSITION PLAN FOR
DEFENSE BUSINESS ENTERPRISE ARCHITECTURE.
Section 2222(e) of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking ``defense business
enterprise architecture'' and inserting ``target defense
business systems computing environment described in
subsection (d)(3)'';
(2) in paragraph (2)--
(A) by striking ``existing as of September 30, 2011 (known
as `legacy systems') that will not be part of the defense
business enterprise architecture'' and inserting ``that will
be phased out of the defense business systems computing
environment within three years after review and certification
as `legacy systems' by the investment management process
established under subsection (g)''; and
(B) by striking ``that provides for reducing the use of
those legacy systems in phases''; and
(3) in paragraph (3), by striking ``legacy systems
(referred to in subparagraph (B)) that will be a part of the
target defense business systems computing environment
described in subsection (d)(3)'' and inserting ``existing
systems that are part of the target defense business systems
computing environment''.
Subtitle B--Space Activities
SEC. 911. NATIONAL SECURITY SPACE SATELLITE REPORTING POLICY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Department of Defense depends on national security
space programs to support, among other critical
capabilities--
(A) communications;
(B) missile warning;
(C) position, navigation, and timing;
(D) intelligence, surveillance, and reconnaissance; and
(E) environmental monitoring; and
(2) foreign threats to national security space systems are
increasing.
(b) Notification of Foreign Interference of National
Security Space.--Chapter 135 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 2278. Notification of foreign interference of national
security space
``(a) Notice Required.--The Secretary of Defense shall,
with respect to each attempt by a foreign actor to disrupt,
degrade, or destroy a United States national security space
capability, provide to the appropriate congressional
committees--
``(1) not later than 48 hours after the Secretary
determines that there is reason to believe such attempt
occurred, notice of such attempt; and
``(2) not later than 10 days after the date on which the
Secretary determines that there is reason to believe such
attempt occurred, a notification described in subsection (b)
with respect to such attempt.
``(b) Notification Description.--A notification described
in this subsection is a notification that includes--
``(1) the name and a brief description of the national
security space capability that was impacted by an attempt by
a foreign actor to disrupt, degrade, or destroy a United
States national security space capability;
``(2) a description of such attempt, including the foreign
actor, the date and time of such attempt, and any related
capability outage and the mission impact of such outage; and
``(3) any other information the Secretary considers
relevant.
``(c) Appropriate Congressional Committees Defined.--The
term `appropriate congressional committees' means--
``(1) the congressional defense committees; and
``(2) with respect to a notice or notification related to
an attempt by a foreign entity to disrupt, degrade, or
destroy a United States national security space capability
that is intelligence-related, the Permanent Select Committee
on Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate.''.
(c) Table of Sections Amendment.--The table of sections at
the beginning of such chapter is amended by adding at the end
the following item:
``2278. Notification of foreign interference of national security
space.''.
SEC. 912. NATIONAL SECURITY SPACE DEFENSE AND PROTECTION.
(a) Review.--The Secretary of the Air Force shall enter
into an arrangement with the National Research Council to--
(1) in response to the near-term and long-term threats to
the national security space systems of the United States,
conduct a review of--
(A) the range of strategic options available to address
such threats, in terms of deterring hostile actions,
defeating hostile actions, or surviving hostile actions until
such actions conclude;
(B) strategies and plans to counter such threats, including
resilience, reconstitution, disaggregation, and other
appropriate concepts; and
(C) existing and planned architectures, warfighter
requirements, technology development, systems, workforce, or
other factors related to addressing such threats; and
(2) identify recommend courses of action to address such
threats, including potential barriers or limiting factors in
implementing such courses of action.
(b) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the National Research Council
shall submit to the congressional defense committees, the
Permanent Select Committee on Intelligence of the House of
Representatives, and the Select Committee on Intelligence of
the Senate a report containing the results of the review
conducted pursuant to the arrangement under subsection (a)
and the recommended courses of action identified pursuant to
such arrangement.
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Space Protection Strategy.--Section 911(f)(1) of the
National Defense Authorization Act for Fiscal Year 2008 (10
U.S.C. 2271 note) is amended by striking ``including each of
the matters required by subsection (c).'' and inserting the
following: ``including--
``(A) each of the matters required by subsection (c); and
``(B) a description of how the Department of Defense and
the intelligence community plan to provide necessary national
security capabilities, through alternative space, airborne,
or ground systems, if a foreign actor degrades, denies access
to, or destroys United States national security space
capabilities.''.
SEC. 913. SPACE ACQUISITION STRATEGY.
(a) Strategy Required.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics, in consultation with
the Chief Information Officer of the Department of Defense,
shall establish a strategy to enable the multi-year
procurement of commercial satellite services.
(b) Basis.--The strategy required under subsection (a)
shall include and be based on--
(1) an analysis of financial or other benefits to acquiring
satellite services through multi-year acquisition approaches;
(2) an analysis of the risks associated with such
acquisition approaches;
(3) an identification of methods to address planning,
programming, budgeting, and execution challenges to such
approaches, including methods to address potential
termination liability or cancellation costs generally
associated with multi-year contracts;
(4) an identification of any changes needed in the
requirements development and approval
[[Page H3421]]
processes of the Department of Defense to facilitate
effective and efficient implementation of such strategy,
including an identification of any consolidation of
requirements for such services across the Department that may
achieve increased buying power and efficiency; and
(5) an identification of any necessary changes to policies,
procedures, regulations, or statutes.
(c) Submission.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition, Technology, and Logistics, in consultation with
the Chief Information Officer of the Department of Defense,
shall submit to the congressional defense committees the
strategy required under subsection (a), including the
elements required under subsection (b).
SEC. 914. SPACE CONTROL MISSION REPORT.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the space
control mission of the Department of Defense. Such report
shall include--
(1) an identification of existing offensive and defensive
space control systems, policies, and technical possibilities
of future systems;
(2) an identification of any gaps or risks in existing
space control system architecture and possibilities for
improvement or mitigation of such gaps or risks;
(3) a description of existing and future sensor coverage
and ground processing capabilities for space situational
awareness;
(4) an explanation of the extent to which all relevant and
available information is being utilized for space situational
awareness to detect, track, and identify objects in space;
(5) a description of existing space situational awareness
data sharing practices, including what information is being
shared and what the benefits and risks of such sharing are to
the national security of the United States; and
(6) plans for the future space control mission.
SEC. 915. RESPONSIVE LAUNCH.
(a) Findings.--Congress finds the following:
(1) United States Strategic Command has identified three
needs as a result of dramatically increased demand and
dependence on space capabilities as follows:
(A) To rapidly augment existing space capabilities when
needed to expand operational capability.
(B) To rapidly reconstitute or replenish critical space
capabilities to preserve continuity of operations capability.
(C) To rapidly exploit and infuse space technological or
operational innovations to increase the advantage of the
United States.
(2) Operationally responsive low cost launch could assist
in addressing such needs of the combatant commands.
(b) Study.--The Department of Defense Executive Agent for
Space shall conduct a study on responsive, low-cost launch
efforts. Such study shall include--
(1) a review of existing and past operationally responsive,
low-cost launch efforts by domestic or foreign governments or
industry;
(2) a technology assessment of various methods to develop
an operationally responsive, low-cost launch capability; and
(3) an assessment of the viability of greater utilization
of innovative methods, including the use of secondary payload
adapters on existing launch vehicles.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Department of Defense Executive
Agent for Space shall submit to the congressional defense
committees a report containing--
(1) the results of the study conducted under subsection
(b); and
(2) a consolidated plan for development within the
Department of Defense of an operationally responsive, low-
cost launch capability.
Subtitle C--Defense Intelligence and Intelligence-Related Activities
SEC. 921. REVISION OF SECRETARY OF DEFENSE AUTHORITY TO
ENGAGE IN COMMERCIAL ACTIVITIES AS SECURITY FOR
INTELLIGENCE COLLECTION ACTIVITIES.
(a) Period for Required Audits.--Section 432(b)(2) of title
10, United States Code, is amended--
(1) in the first sentence, by striking ``annually'' and
inserting ``biennially''; and
(2) in the second sentence, by striking ``the intelligence
committees'' and all that follows and inserting ``the
congressional defense committees and the congressional
intelligence committees (as defined in section 437(c)).''
(b) Repeal of Designation of Defense Intelligence Agency as
Required Oversight Authority Within Department of Defense.--
Section 436(4) of title 10, United States Code, is amended--
(1) by striking ``Defense Intelligence Agency'' and
inserting ``Department of Defense''; and
(2) by striking ``management and supervision'' and
inserting ``oversight''.
(c) Congressional Oversight.--Section 437 of title 10,
United States Code, is amended--
(1) in subsection (a), by striking ``the intelligence
committees'' and inserting ``congressional defense committees
and the congressional intelligence committees'';
(2) in subsection (b), by striking ``the intelligence
committees'' and inserting ``congressional defense committees
and the congressional intelligence committees''; and
(3) by adding at the end the following new subsection:
``(c) Congressional Intelligence Committees Defined.--In
this section, the term `congressional intelligence
committees' has the meaning given the term in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003).''.
SEC. 922. DEPARTMENT OF DEFENSE INTELLIGENCE PRIORITIES.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall--
(1) establish a written policy governing the internal
coordination and prioritization of intelligence priorities of
the Office of the Secretary of Defense, the Joint Staff, the
combatant commands, and the military departments to improve
identification of the intelligence needs of the Department of
Defense;
(2) identify any significant intelligence gaps of the
Office of the Secretary of Defense, the Joint Staff, the
combatant commands, and the military departments; and
(3) provide to the congressional defense committees, the
Permanent Select Committee on Intelligence of the House of
Representatives, and the Select Committee on Intelligence of
the Senate a briefing on the policy established under
paragraph (1) and the gaps identified under paragraph (2).
SEC. 923. DEFENSE CLANDESTINE SERVICE.
(a) Certification Required.--Not more than 50 percent of
the funds authorized to be appropriated by this Act or
otherwise available to the Department of Defense for the
Defense Clandestine Service for fiscal year 2014 may be
obligated or expended for the Defense Clandestine Service
until such time as the Secretary of Defense certifies to the
covered congressional committees that--
(1) the Defense Clandestine Service is designed primarily
to--
(A) fulfill priorities of the Department of Defense that
are unique to the Department of Defense or otherwise unmet;
and
(B) provide unique capabilities to the intelligence
community (as defined in section 3(4) of the National
Security Act of 1947 (50 U.S.C. 3003(4))); and
(2) the Secretary of Defense has designed metrics that will
be used to ensure that the Defense Clandestine Service is
employed as described in paragraph (1).
(b) Annual Assessments.--Not later than 120 days after the
date of the enactment of this Act, and annually thereafter
for five years, the Secretary of Defense shall submit to the
covered congressional committees a detailed assessment of
Defense Clandestine Service employment and performance based
on the metrics referred to in subsection (a)(2).
(c) Notification of Future Changes to Design.--Following
the submittal of the certification referred to in subsection
(a), in the event that any significant change is made to the
Defense Clandestine Service, the Secretary shall promptly
notify the covered congressional committees of the nature of
such change.
(d) Quarterly Briefings.--The Secretary of Defense shall
quarterly provide to the covered congressional committees a
briefing on the deployments and collection activities of
personnel of the Defense Clandestine Service.
(e) Covered Congressional Committees Defined.--In this
section, the term ``covered congressional committees'' means
the congressional defense committees, the Permanent Select
Committee on Intelligence of the House of Representatives,
and the Select Committee on Intelligence of the Senate.
SEC. 924. PROHIBITION ON NATIONAL INTELLIGENCE PROGRAM
CONSOLIDATION.
(a) Prohibition.--No amounts authorized to be appropriated
or otherwise made available to the Department of Defense may
be used during the period beginning on the date of the
enactment of this Act and ending on December 31, 2014, to
execute--
(1) the separation of the National Intelligence Program
budget from the Department of Defense budget;
(2) the consolidation of the National Intelligence Program
budget within the Department of Defense budget; or
(3) the establishment of a new appropriations account or
appropriations account structure for the National
Intelligence Program budget.
(b) Briefing Requirement.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of Defense
and the Director of National Intelligence shall jointly
provide to the congressional defense committees, the
Permanent Select Committee on Intelligence of the House of
Representatives, and the Select Committee on Intelligence of
the Senate a briefing regarding any planning relating to the
future execution of the activities described in subsection
(a) that has occurred during the two-year period ending on
such date and any anticipated future planning relating to
such execution or related efforts.
(c) Definitions.--In this section:
(1) National intelligence program.--The term ``National
Intelligence Program'' has the meaning given the term in
section 3 of the National Security Act of 1947 (50 U.S.C.
3003).
(2) National intelligence program budget.--The term
``National Intelligence Program budget'' means the portions
of the Department of Defense budget designated as part of the
National Intelligence Program.
Subtitle D--Cyberspace-Related Matters
SEC. 931. MODIFICATION OF REQUIREMENT FOR INVENTORY OF
DEPARTMENT OF DEFENSE TACTICAL DATA LINK
SYSTEMS.
Section 934(a)(1) of the National Defense Authorization Act
for Fiscal Year 2013 (10 U.S.C. 2225 note; Public Law 112-
239; 126 Stat. 1885) is amended by inserting ``and an
assessment of vulnerabilities to such systems in anti-access
or area-denial environments'' before the semicolon.
SEC. 932. DEFENSE SCIENCE BOARD ASSESSMENT OF UNITED STATES
CYBER COMMAND.
(a) Assessment.--The Defense Science Board shall conduct an
assessment of the organization,
[[Page H3422]]
missions, and authorities of the United States Cyber Command.
(b) Elements.--The assessment required by subsection (a)
shall include the following:
(1) A review of the existing organizational structure of
the United States Cyber Command, including--
(A) the positive and negative impact on the Command
resulting from a single individual simultaneously serving as
the Commander of the United States Cyber Command and the
Director of the National Security Agency;
(B) the oversight activities undertaken by the Commander
and the Director with regard to the Command and the Agency,
respectively, including how the respective oversight
activities affect the ability of each entity to complete the
respective missions of such entity;
(C) the dependencies of the Command and the Agency on one
another under the existing management structure of both
entities, including an examination of the advantages and
disadvantages attributable to the unity of command and unity
of effort resulting from a single individual simultaneously
serving as the Commander of the United States Cyber Command
and the Director of the National Security Agency;
(D) the ability of the existing management structure of the
Command and the Agency to identify and adequately address
potential conflicts of interest between the roles of the
Commander of the United States Cyber Command and the Director
of the National Security Agency; and
(E) the ability of the Department of Defense to train and
develop, through professional assignment, individuals with
the appropriate subject-matter expertise and management
experience to support both the cyber operations missions of
the Command and the signals intelligence missions of the
Agency.
(2) A review of the missions of the Command, including
whether the reliance of the Command on the Agency for
critical warfighting infrastructure, organization, and
personnel contributes to or detracts from the ability of the
Command to achieve the missions of the Command.
(3) A review of how the Commander of the United States
Cyber Command and the Director of the National Security
Agency implement authorities where missions intersect to
ensure that the activities of each entity are conducted only
pursuant to the respective authorities of each entity.
(c) Report.--
(1) Report required.--Not later than 300 days after the
date of the enactment of this Act, the Defense Science Board
shall submit to the Secretary of Defense, the Director of
National Intelligence, the congressional defense committees,
the Permanent Select Committee on Intelligence of the House
of Representatives, and the Select Committee on Intelligence
of the Senate a report containing--
(A) the results of the assessment required by subsection
(a); and
(B) recommendations for improvements or changes to the
organization, missions, or authorities of the United States
Cyber Command.
(2) Additional evaluation required.--Not later than 60 days
after the date on which the committees referred to in
paragraph (1) receive the report required by such paragraph,
the Secretary of Defense and the Director of National
Intelligence shall jointly submit to such committees an
evaluation of the findings and recommendations contained in
such report.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Intelligence Community Defined.--In this section, the
term ``intelligence community'' has the meaning given the
term in section 3(4) of the National Security Act of 1947 (50
U.S.C. 3003(4)).
SEC. 933. MISSION ANALYSIS FOR CYBER OPERATIONS OF DEPARTMENT
OF DEFENSE.
(a) Mission Analysis Required.--Not later than one year
after the date of the enactment of this Act, the Secretary of
Defense shall conduct a mission analysis of the cyber
operations of the Department of Defense.
(b) Elements.--The mission analysis under subsection (a)
shall include the following:
(1) The concept of operations and concept of employment for
cyber operations forces.
(2) An assessment of the manpower needs for cyber
operations forces, including military requirements for both
active and reserve components and civilian requirements.
(3) A description of the alignment of the organization and
reporting chains of the Department, the military departments,
and the combatant commands.
(4) An assessment of the current, as of the date of the
analysis, and projected equipping needs of cyber operations
forces.
(5) An analysis of how the Secretary, for purposes of cyber
operations, depends upon organizations outside of the
Department, including industry and international partners.
(6) Methods for ensuring resilience, mission assurance, and
continuity of operations for cyber operations.
(7) An evaluation of the potential roles of the reserve
components in the concept of operations and concept of
employment for cyber operations forces required under
paragraph (1).
(c) Report Required.--Not later than 30 days after the
completion of the mission analysis under subsection (a), the
Secretary shall submit to the congressional defense
committees a report containing--
(1) the results of the mission analysis; and
(2) recommendations for improving or changing the roles,
organization, missions, concept of operations, or authorities
related to the cyber operations of the Department.
(d) National Guard Assessment.--Not later than 30 days
after the date on which the Secretary submits the report
required under subsection (c), the Chief of the National
Guard Bureau shall submit to the congressional defense
committees an assessment of the role of the National Guard in
supporting the cyber operations mission of the Department of
Defense as such mission is described in such report.
(e) Form.--The report under subsection (c) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 934. NOTIFICATION OF INVESTIGATIONS RELATED TO
COMPROMISE OF CRITICAL PROGRAM INFORMATION.
(a) Notification of Investigation Initiation.--
(1) Notification.--Not later than 30 days after the date of
the initiation of any investigation related to the potential
compromise of Department of Defense critical program
information related to a weapons system or other
developmental activity, the Secretary of Defense shall submit
to the congressional defense committees a written
notification of such investigation including the elements
required under paragraph (2).
(2) Elements.--The written notification required under
paragraph (1) shall include, with respect to an investigation
described in such subsection, the following elements:
(A) A statement of the reason for such investigation.
(B) An identification of each party affected by such
investigation.
(C) An identification of the party responsible for
conducting such investigation.
(D) Any preliminary observations, findings, or
recommendations related to such investigation.
(E) A timeline and methodology for conducting such
investigation.
(b) Notification of Completion of Certain Investigations.--
Not later than 30 days after the date of the completion of
any investigation conducted or overseen by the Damage
Assessment Management Office of the Department of Defense,
the Secretary of Defense shall submit to the congressional
defense committees a written notification of such
investigation, including a summary of the findings and
recommendations of such investigation.
(c) Report on Intrusions After January 1, 2000.--Not later
than 60 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the congressional
defense committees a report detailing the known network cyber
intrusions that occurred on or after January 1, 2000, and
before August 1, 2013, and resulted in the compromise of
critical program information related to a weapons system,
information system development, or another research and
development initiative of the Department of Defense. Such
report shall include a description of the critical program
information that was compromised, the source of each network
that was compromised, the systems or developmental activities
that were compromised, and the suspected origin of each cyber
intrusion.
SEC. 935. ADDITIONAL REQUIREMENTS RELATING TO THE SOFTWARE
LICENSES OF THE DEPARTMENT OF DEFENSE.
(a) Updated Plan.--
(1) Update.--The Chief Information Officer of the
Department of the Defense shall, in consultation with the
chief information officers of the military departments and
the Defense Agencies, update the plan for the inventory of
selected software licenses of the Department of Defense
required under section 937 of the National Defense
Authorization Act for 2013 (Public Law 112-239; 10 U.S.C.
2223 note) to include a plan for the inventory of all
software licenses of the Department of Defense for which a
military department spends more than $5,000,000 annually on
any individual title, including a comparison of licenses
purchased with licenses installed and of those uninstalled
and then reinstalled.
(2) Elements.--The update required under paragraph (1)
shall--
(A) be done in a comprehensive and auditable format that is
verified by an independent third party;
(B) include details on the process and business systems
necessary to regularly perform reviews, a procedure for
validating and reporting deregistering and registering new
software, and a mechanism and plan to relay that information
to the enterprise provider; and
(C) a proposed timeline for implementation of the updated
plan in accordance with paragraph (3).
(3) Implementation.--Not later than September 30, 2013, the
Chief Information Officer of the Department of Defense shall
implement the updated plan required under paragraph (1).
(b) Performance Plan.--If the Chief Information Officer of
the Department of Defense determines through the update
required by subsection (a) that the number of software
licenses of the Department for an individual title for which
a military department spends greater than $5,000,000 annually
exceeds the needs of the Department for such software
licenses, or the inventory discloses that there is a
discrepancy between the number of software licenses purchased
and those in actual use, the Secretary of Defense shall
implement a plan to bring the number of such software
licenses into balance with the needs of the Department and
the terms of any relevant contract.
Subtitle E--Total Force Management
SEC. 941. REQUIREMENT TO ENSURE SUFFICIENT LEVELS OF
GOVERNMENT OVERSIGHT OF FUNCTIONS CLOSELY
ASSOCIATED WITH INHERENTLY GOVERNMENTAL
FUNCTIONS.
(a) Requirement.--Section 129a of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(g) Requirement for Oversight or Appropriate Corrective
Actions.--For purposes of
[[Page H3423]]
subsection (f)(3)(B), if insufficient levels of Government
oversight are found, the Secretary of the military department
or head of the Defense Agency responsible shall provide such
oversight or take appropriate corrective actions, including
potential conversion to Government performance, consistent
with this section and sections 129 and 2463 of this title.''.
(b) Amendment Relating to Review of Certain Contracts.--
Subsection (e)(2)(C) of section 2330a of such title is
amended by adding after ``governmental functions'' the
following: ``in which there is inadequate oversight of the
contractor personnel performing such functions''.
SEC. 942. FIVE-YEAR REQUIREMENT FOR CERTIFICATION OF
APPROPRIATE MANPOWER PERFORMANCE.
Section 2330a of title 10, United States Code, is amended--
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (f) the following new
section (g):
``(g) Certifications of Appropriate Manpower Performance.--
(1) Beginning in fiscal year 2014 and continuing through
fiscal year 2018, the Secretary of Defense, or an official
designated personally by the Secretary, no later than
February 1 of each reporting year, shall submit to the
congressional defense committees the findings of the reviews
required under subsection (e) and certify in writing that--
``(A) all Department of Defense contractor positions
identified as being responsible for the performance of
inherently governmental functions have been eliminated;
``(B) each Department of Defense contract that is a
personal services contract has been entered into, and is
being performed, in accordance with applicable laws and
regulations; and
``(C) any contract for services that includes any functions
that are closely associated with inherently governmental
functions or designated as critical have been reviewed to
determine if those activities should be--
``(i) subject to action pursuant to section 2463 of this
title; or
``(ii) converted to an acquisition approach that would be
more advantageous to the Department of Defense.
``(2) If the certifications required in paragraph (1) are
not submitted by the date required in a reporting year, the
Inspector General of the Department of Defense shall assess
the Department's compliance with subsection (e) and determine
why the Secretary could not make the certifications required
in paragraph (1). The Inspector General shall submit to the
congressional defense committees, not later than May 1 of the
reporting year, a report on such assessment and
determination.
``(3) Not later than May 1 of each reporting year, the
Comptroller General of the United States shall submit to the
congressional defense committees a report containing the
Comptroller General's assessment of the reviews conducted
under subsection (e) and the actions taken to resolve the
findings of the reviews.''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this division for fiscal year 2014 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$3,500,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military
personnel authorizations under title IV shall not be counted
toward the dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by subsection (a)
to transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).
SEC. 1002. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the Committee on the Budget of the House of
Representatives, as long as such statement has been submitted
prior to the vote on passage of this Act.
SEC. 1003. AUDIT OF DEPARTMENT OF DEFENSE FISCAL YEAR 2018
FINANCIAL STATEMENTS.
(a) Sense of Congress.--Congress--
(1) reaffirms the findings of the Panel on Defense
Financial Management and Auditability Reform of the Committee
on Armed Services of the House of Representatives;
(2) points to the Government Accountability Office's most
recent High Risk List recommendations;
(3) is encouraged by the important progress the Department
of Defense has made in achieving auditability; and
(4) stands ready to continue helping in this effort.
(b) Sense of Congress on DOD Financial Management Reform.--
It is the sense of Congress that, in the aftermath of the
effects of sequestration as enacted by the Budget Control Act
of 2011 (Public Law 112-25), financial management reform is
imperative, and the Department of Defense should place
continued importance on, and remain vigilant in, its
financial management reform efforts.
(c) Audit of DOD Financial Statements.--In addition to the
requirement under section 1003(a)(2)(A)(ii) of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 10 U.S.C. 2222 note) that the Financial Improvement
and Audit Readiness Plan describe specific actions to be
taken and the costs associated with ensuring that the
financial statements of the Department of Defense are
validated as ready for audit by not later than September 30,
2017, upon the conclusion of fiscal year 2018, the Secretary
of Defense shall ensure that a full audit is performed on the
financial statements of the Department of Defense for such
fiscal year. The Secretary shall submit to Congress the
results of that audit by not later than March 31, 2019.
SEC. 1004. AUTHORITY TO TRANSFER FUNDS TO THE NATIONAL
NUCLEAR SECURITY ADMINISTRATION TO SUSTAIN
NUCLEAR WEAPONS MODERNIZATION.
(a) Transfer Authorized.--If the amount authorized to be
appropriated for the weapons activities of the National
Nuclear Security Administration under section 3101 or
otherwise made available for fiscal year 2014 is less than
$8,400,000,000 (the amount projected to be required for such
activities in fiscal year 2014 as specified in the report
under section 1251 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2549)),
the Secretary of Defense may transfer, from amounts
authorized to be appropriated for the Department of Defense
for fiscal year 2014 pursuant to this Act, to the Secretary
of Energy an amount, not to exceed $150,000,000, to be
available only for weapons activities of the National Nuclear
Security Administration.
(b) Notice to Congress.--In the event of a transfer under
subsection (a), the Secretary of Defense shall promptly
notify Congress of the transfer, and shall include in such
notice the Department of Defense account or accounts from
which funds are transferred.
(c) Transfer Mechanism.--Any funds transferred under this
section shall be transferred in accordance with established
procedures for reprogramming under section 1001 or successor
provisions of law.
(d) Construction of Authority.--The transfer authority
provided under subsection (a) is in addition to any other
transfer authority provided under this Act.
Subtitle B--Counter-Drug Activities
SEC. 1011. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED COUNTER-
DRUG AND COUNTERTERRORISM CAMPAIGN IN COLOMBIA.
Section 1021 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375;
118 Stat. 2042), as most recently amended by section 1010 of
the National Defense Authorization Act for Fiscal Year 2013
(Public Law 112-239; 126 Stat. 1907), is amended--
(1) in subsection (a), by striking ``2013'' and inserting
``2014''; and
(2) in subsection (c), by striking ``2013'' and inserting
``2014''.
SEC. 1012. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO
PROVIDE SUPPORT TO LAW ENFORCEMENT AGENCIES
CONDUCTING COUNTER-TERRORISM ACTIVITIES.
Section 1022(b) of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1594; 10
U.S.C. 371 note), as most recently amended by section 1011 of
the National Defense Authorization Act for Fiscal Year 2013
(Public Law 112-239; 126 Stat. 1907) is amended by striking
``2013'' and inserting ``2014''.
SEC. 1013. TWO-YEAR EXTENSION OF AUTHORITY TO PROVIDE
ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES
OF CERTAIN FOREIGN GOVERNMENTS.
Subsection (a)(2) of section 1033 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85;
111 Stat. 1881), as most recently amended by section 1006(a)
of the National Defense Authorization Act for Fiscal Year
2012 (Public Law 112-81; 125 Stat. 1557), is amended by
striking ``2013'' and inserting ``2015''.
SEC. 1014. SENSE OF CONGRESS REGARDING THE NATIONAL GUARD
COUNTER-NARCOTIC PROGRAM.
It is the sense of Congress that--
(1) the National Guard Counter-Narcotic Program is a
valuable tool to counter-drug operations across the United
States, especially on the southwest border;
(2) the National Guard has an important role in combating
drug trafficking into the United States; and
(3) the program should received continued funding.
Subtitle C--Naval Vessels and Shipyards
SEC. 1021. CLARIFICATION OF SOLE OWNERSHIP RESULTING FROM
SHIP DONATIONS AT NO COST TO THE NAVY.
(a) Clarification of Transfer Authority.--Subsection (a) of
section 7306 of title 10, United States Code, is amended to
read as follows:
[[Page H3424]]
``(a) Authority to Make Transfer.--The Secretary of the
Navy may convey, by donation, all right, title, and interest
to any vessel stricken from the Naval Vessel Register or any
captured vessel, for use as a museum or memorial for public
display in the United States, to--
``(1) any State, the District of Columbia, any Commonwealth
or possession of the United States, or any municipal
corporation or political subdivision thereof; or
``(2) any nonprofit entity.''.
(b) Clarification of Limitations on Liability and
Responsibility.--Subsection (b) of such section is amended to
read as follows:
``(b) Limitations on Liability and Responsibility.--(1) The
United States and all departments and agencies thereof, and
their officers and employees, shall not be liable at law or
in equity for any injury or damage to any person or property
occurring on a vessel donated under this section.
``(2) Notwithstanding any other law, the United States and
all departments and agencies thereof, and their officers and
employees, shall have no responsibility or obligation to
make, engage in, or provide funding for, any improvement,
upgrade, modification, maintenance, preservation, or repair
to a vessel donated under this section.''.
(c) Clarification That Transfers to Be Made at No Cost to
United States.--Subsection (c) of such section is amended by
inserting after ``under this section'' the following: ``, the
maintenance and preservation of that vessel as a museum or
memorial, and the ultimate disposal of that vessel, including
demilitarization of Munitions List items at the end of the
useful life of the vessel as a museum or memorial,''.
(d) Application of Environmental Laws; Definitions.--Such
section is further amended by adding at the end the following
new subsections:
``(e) Application of Environmental Laws.--Nothing in this
section shall affect the applicability of Federal, State,
interstate, and local environmental laws and regulations,
including the Toxic Substances Control Act (15 U.S.C. 2601 et
seq.) and the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.), to the Department of Defense or to a donee.
``(f) Definitions.--In this section:
``(1) The term `nonprofit entity' means any entity
qualifying as an exempt organization under section 501(c)(3)
of the Internal Revenue Code of 1986.
``(2) The term `Munitions List' means the United States
Munitions List created and controlled under section 38 of the
Arms Export Control Act (22 U.S.C. 2778).
``(3) The term `donee' means any entity receiving a vessel
pursuant to subsection (a).''.
(e) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 7306. Vessels stricken from Naval Vessel Register;
captured vessels: conveyance by donation''.
(2) Table of sections.--The item relating to such section
in the table of sections at the beginning of chapter 633 of
such title is amended to read as follows:
``7306. Vessels stricken from Naval Vessel Register; captured vessels:
conveyance by donation.' '''.
SEC. 1022. AVAILABILITY OF FUNDS FOR RETIREMENT OR
INACTIVATION OF TICONDEROGA CLASS CRUISERS OR
DOCK LANDING SHIPS.
(a) Limitation on Availability of Funds.--
(1) In general.--Except as provided in paragraph (2), none
of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2014 for the
Department of Defense may be obligated or expended to retire,
prepare to retire, inactivate, or place in storage a cruiser
or dock landing ship.
(2) Exception.--Notwithstanding paragraph (1), the funds
referred to in such subsection may be obligated or expended
to retire the U.S.S. Denver, LPD9.
(b) Authority to Transfer Authorizations.--
(1) Authority.--Subject to the availability of
appropriations for such purpose, the Secretary of Defense may
transfer amounts of authorizations made available to the
Department of Defense for fiscal year 2013 specifically for
the modernization of vessels referred to in subsection
(a)(1). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--The total amount of authorizations that
the Secretary may transfer under the authority of this
subsection may not exceed $914,676,000.
(3) Additional authority.--The transfer authority provided
by this subsection is in addition to the transfer authority
provided under section 1001 of this Act and under section
1001 of the National Defense Authorization Act for Fiscal
Year 2013 (Public Law 112-239; 126 Stat. 1902).
SEC. 1023. REPAIR OF VESSELS IN FOREIGN SHIPYARDS.
(a) Nonhomeported Vessels.--Subsection (a) of section 7310
of title 10, United States Code, is amended--
(1) by striking ``A naval'' and inserting ``(1) A naval'';
and
(2) by adding at the end the following new paragraph:
``(2) For purposes of this section, a naval vessel that
does not have a designated homeport shall be treated as being
homeported in the United States or Guam.''.
(b) Voyage Repair.--Such section is further amended--
(1) in subsection (c)(3)(C), by striking ``as defined in
Commander Military Sealift Command Instruction 4700.15C
(September 13, 2007) or Joint Fleet Maintenance Manual
(Commander Fleet Forces Command Instruction 4790.3 Revision
A, Change 7), Volume III''; and
(2) by adding at the end the following new subsection:
``(d) Voyage Repair Defined.--In this section, the term
`voyage repair' has the meaning given such term in Navy
Instruction COMFLTFORCOMINST 4790.3B.''.
SEC. 1024. SENSE OF CONGRESS REGARDING A BALANCED FUTURE
NAVAL FORCE.
(a) Findings.--Congress makes the following findings:
(1) The battle force of the Navy must be sufficiently sized
and balanced in capability to meet current and anticipated
future national security objectives.
(2) A robust and balanced naval force is required for the
Department of Defense to fully execute the President's
National Security Strategy.
(3) To develop and sustain required capabilities the Navy
must balance investment and maintenance costs across various
ship types, including--
(A) aircraft carriers;
(B) surface combatants;
(C) submarines;
(D) amphibious assault ships; and
(E) other auxiliary vessels, including support vessels
operated by the Military Sealift Command.
(4) Despite a Marine Corps requirement for 38 amphibious
assault ships, the Navy possesses only 30 amphibious assault
ships with an average of 22 ships available for surge
deployment.
(5) The inadequate level of investment in Navy shipbuilding
over the last 20 years has resulted in--
(A) a fragile shipbuilding industrial base, both in the
construction yards and secondary suppliers of materiel and
equipment; and
(B) increased costs per vessel stemming from low production
volume.
(6) The Department of Defense, Military Construction and
Veterans Affairs, and Full-Year Continuing Appropriations Act
for Fiscal Year 2013 provided $263,000,000 towards the
advance procurement of materiel and equipment required to
continue the San Antonio LPD 17 amphibious transport dock
class to a total of 12 ships, a key first step in rebalancing
the amphibious assault ship force structure.
(b) Sense of Congress.--It is the Sense of Congress that--
(1) the Department of Defense and the Department of the
Navy must prioritize funding towards increased shipbuilding
rates to enable the Navy to meet the full-range of combatant
commander requests;
(2) the Department of the Navy's future budget requests and
the Long Range Plan for the Construction of Naval Forces must
realistically anticipate and reflect the true investment
necessary to meet stated force structure goals;
(3) without modification to Long Range Plan for the
Construction of Naval Forces shipbuilding plan, the future of
the industrial base that enables construction of large,
combat-survivable amphibious assault ships is at significant
risk; and
(4) the Department of Defense and Congress should act
expeditiously to restore the force structure and capability
balance of the Navy fleet as quickly as possible.
SEC. 1025. AUTHORITY FOR SHORT-TERM EXTENSION OR RENEWAL OF
LEASES FOR VESSELS SUPPORTING THE TRANSIT
PROTECTION SYSTEM ESCORT PROGRAM.
(a) In General.--Notwithstanding section 2401 of title 10,
United States Code, the Secretary of the Navy may extend or
renew the lease of not more than four blocking vessels
supporting the Transit Protection System Escort Program after
the date of the expiration of the lease of such vessels, as
in effect on the date of the enactment of this Act. Such an
extension shall be for a term that is the shorter of--
(1) the period beginning on the date of the expiration of
the lease in effect on the date of the enactment of this Act
and ending on the date on which the Secretary determines that
a substitute is available for the capabilities provided by
the lease, or that the capabilities provided by the vessel
are no longer required; or
(2) 180 days.
(b) Funding.--Amounts authorized to be appropriated by
section 301 and available for operation and maintenance,
Navy, as specified in the funding tables in section 4301, may
be available for the extension or renewal of a lease under
subsection (a).
(c) Notice to Congress.--Prior to extending or renewing a
lease under subsection (a), the Secretary of the Navy shall
submit to the congressional defense committees notification
of the proposed extension or renewal. Such notification shall
include--
(1) a detailed description of the term of the proposed
contract for the extension or renewal of the lease and a
justification for extending or renewing the lease rather than
obtaining the capability provided for by the lease, charter,
or services involved through purchase of the vessel; and
(2) a plan for meeting the capability provided for by the
lease upon the completion of the term of the lease contract,
as extended or renewed under subsection (a).
Subtitle D--Counterterrorism
SEC. 1030. CLARIFICATION OF PROCEDURES FOR USE OF ALTERNATE
MEMBERS ON MILITARY COMMISSIONS.
(a) Primary and Alternate Members.--
(1) Number of members.--Subsection (a) of section 948m of
title 10, United States Code, is amended--
(A) in paragraph (1)--
(i) by striking ``at least five members'' and inserting
``at least five primary members and as many alternate members
as the convening authority shall detail''; and
[[Page H3425]]
(ii) by adding at the end the following new sentence:
``Alternate members shall be designated in the order in which
they will replace an excused primary member.'' and
(B) in paragraph (2), by inserting ``primary'' after ``the
number of''.
(2) General rules.--Such section is further amended--
(A) by redesignating subsection (b) and (c) as subsections
(d) and (e), respectively; and
(B) by inserting after subsection (a) the following new
subsections (b) and (c):
``(b) Primary Members.--Primary members of a military
commission under this chapter are voting members.
``(c) Alternate Members.--(1) A military commission may
include alternate members to replace primary members who are
excused from service on the commission.
``(2) Whenever a primary member is excused from service on
the commission, an alternate member, if available, shall
replace the excused primary member and the trial may
proceed.''.
(3) Excuse of members.--Subsection (d) of such section, as
redesignated by paragraph (2)(A), is amended--
(A) in the matter before paragraph (1), by inserting
``primary or alternate'' before ``member'';
(B) by striking ``or'' at the end of paragraph (2),
(C) by striking the period at the end of paragraph (3) and
inserting ``; or''; and
(D) by adding at the end the following new paragraph:
``(4) in the case of an alternate member, in order to
reduce the number of alternate members required for service
on the commission, as determined by the convening
authority.''.
(4) Absent and additional members.--Subsection (e) of such
section, as redesignated by paragraph (2)(A), is amended--
(A) in the first sentence--
(i) by inserting ``the number of primary members of'' after
``Whenever'';
(ii) by inserting ``primary'' before ``members required
by''; and
(iii) by inserting ``and there are no remaining alternate
members to replace the excused primary members'' after
``subsection (a)''; and
(B) by adding at the end the following new sentence: ``An
alternate member who was present for the introduction of all
evidence shall not be considered to be a new or additional
member.''.
(b) Challenges.--Section 949f of such title is amended--
(1) in subsection (a), by inserting ``primary or
alternate'' before ``member''; and
(2) by adding at the end of subsection (b) the following
new sentence: ``Nothing in this section prohibits the
military judge from awarding to each party such additional
peremptory challenges as may be required in the interests of
justice.''.
(c) Number of Votes Required.--Section 949m of such title
is amended--
(1) by inserting ``primary'' before ``members'' each place
it appears; and
(2) by adding at the end of subsection (b) the following
new paragraph:
``(4) The primary members present for a vote on a sentence
need not be the same primary members who voted on the
conviction if the requirements of section 948m(d) of this
title are met.''.
SEC. 1031. MODIFICATION OF REGIONAL DEFENSE COMBATING
TERRORISM FELLOWSHIP PROGRAM REPORTING
REQUIREMENT.
(a) In General.--Section 2249c(c) of title 10, United
States Code, is amended--
(1) in paragraph (3), by inserting ``, including engagement
activities for program alumni,'' after ``effectiveness of the
program'';
(2) in paragraph (4), by inserting after ``program'' the
following: ``, including a list of any unfunded or unmet
training requirements and requests''; and
(3) by adding at the end the following new paragraph:
``(5) A discussion and justification of how the program
fits within the theater security priorities of each of the
commanders of the geographic combatant commands.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to a report submitted for a fiscal
year beginning after the date of the enactment of this Act.
SEC. 1032. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY
FACILITIES IN THE UNITED STATES TO HOUSE
DETAINEES TRANSFERRED FROM UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.
(a) In General.--No amounts authorized to be appropriated
or otherwise made available to the Department of Defense may
be used during the period beginning on the date of the
enactment of this Act and ending on December 31, 2014, to
construct or modify any facility in the United States, its
territories, or possessions to house any individual detained
at Guantanamo for the purposes of detention or imprisonment
in the custody or under the control of the Department of
Defense unless authorized by Congress.
(b) Exception.--The prohibition in subsection (a) shall not
apply to any modification of facilities at United States
Naval Station, Guantanamo Bay, Cuba.
(c) Individual Detained at Guantanamo Defined.--In this
section, the term ``individual detained at Guantanamo'' has
the meaning given that term in section 1033(f)(2).
SEC. 1033. REQUIREMENTS FOR CERTIFICATIONS RELATING TO THE
TRANSFER OF DETAINEES AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA, TO FOREIGN
COUNTRIES AND OTHER FOREIGN ENTITIES.
(a) Certification Required Prior to Transfer.--
(1) In general.--Except as provided in paragraph (2) and
subsection (d), the Secretary of Defense may not use any
amounts authorized to be appropriated or otherwise available
to the Department of Defense to transfer, during the period
beginning on the date of the enactment of this Act and ending
on December 31, 2014, any individual detained at Guantanamo
to the custody or control of the individual's country of
origin, any other foreign country, or any other foreign
entity unless the Secretary submits to Congress the
certification described in subsection (b) not later than 30
days before the transfer of the individual.
(2) Exception.--Paragraph (1) shall not apply to any action
taken by the Secretary to transfer any individual detained at
Guantanamo to effectuate an order affecting the disposition
of the individual that is issued by a court or competent
tribunal of the United States having lawful jurisdiction
(which the Secretary shall notify Congress of promptly after
issuance).
(b) Certification.--A certification described in this
subsection is a written certification made by the Secretary
of Defense, with the concurrence of the Secretary of State
and in consultation with the Director of National
Intelligence, that--
(1) the government of the foreign country or the recognized
leadership of the foreign entity to which the individual
detained at Guantanamo is to be transferred--
(A) is not a designated state sponsor of terrorism or a
designated foreign terrorist organization;
(B) maintains control over each detention facility in which
the individual is to be detained if the individual is to be
housed in a detention facility;
(C) is not, as of the date of the certification, facing a
threat that is likely to substantially affect its ability to
exercise control over the individual;
(D) has taken or agreed to take effective actions to ensure
that the individual cannot take action to threaten the United
States, its citizens, or its allies in the future;
(E) has taken or agreed to take such actions as the
Secretary of Defense determines are necessary to ensure that
the individual cannot engage or reengage in any terrorist
activity; and
(F) has agreed to share with the United States any
information that--
(i) is related to the individual or any associates of the
individual; and
(ii) could affect the security of the United States, its
citizens, or its allies; and
(2) includes an assessment, in classified or unclassified
form, of the capacity, willingness, and past practices (if
applicable) of the foreign country or entity in relation to
the Secretary's certifications.
(c) Prohibition in Cases of Prior Confirmed Recidivism.--
(1) Prohibition.--Except as provided in paragraph (2) and
subsection (d), the Secretary of Defense may not use any
amounts authorized to be appropriated or otherwise made
available to the Department of Defense to transfer any
individual detained at Guantanamo to the custody or control
of the individual's country of origin, any other foreign
country, or any other foreign entity if there is a confirmed
case of any individual who was detained at United States
Naval Station, Guantanamo Bay, Cuba, at any time after
September 11, 2001, who was transferred to such foreign
country or entity and subsequently engaged in any terrorist
activity.
(2) Exception.--Paragraph (1) shall not apply to any action
taken by the Secretary to transfer any individual detained at
Guantanamo to effectuate an order affecting the disposition
of the individual that is issued by a court or competent
tribunal of the United States having lawful jurisdiction
(which the Secretary shall notify Congress of promptly after
issuance).
(d) National Security Waiver.--
(1) In general.--The Secretary of Defense may waive the
applicability to a detainee transfer of a certification
requirement specified in subparagraph (D) or (E) of
subsection (b)(1) or the prohibition in subsection (c), if
the Secretary certifies the rest of the criteria required by
subsection (b) for transfers prohibited by subsection (c)
and, with the concurrence of the Secretary of State and in
consultation with the Director of National Intelligence,
determines that--
(A) alternative actions will be taken to address the
underlying purpose of the requirement or requirements to be
waived;
(B) in the case of a waiver of subparagraph (D) or (E) of
subsection (b)(1), it is not possible to certify that the
risks addressed in the paragraph to be waived have been
completely eliminated, but the actions to be taken under
subparagraph (A) will substantially mitigate such risks with
regard to the individual to be transferred;
(C) in the case of a waiver of subsection (c), the
Secretary has considered any confirmed case in which an
individual who was transferred to the country subsequently
engaged in terrorist activity, and the actions to be taken
under subparagraph (A) will substantially mitigate the risk
of recidivism with regard to the individual to be
transferred; and
(D) the transfer is in the national security interests of
the United States.
(2) Reports.--Whenever the Secretary makes a determination
under paragraph (1), the Secretary shall submit to the
appropriate committees of Congress, not later than 30 days
before the transfer of the individual concerned, the
following:
(A) A copy of the determination and the waiver concerned.
(B) A statement of the basis for the determination,
including--
(i) an explanation why the transfer is in the national
security interests of the United States;
(ii) in the case of a waiver of subparagraph (D) or (E) of
subsection (b)(1), an explanation
[[Page H3426]]
why it is not possible to certify that the risks addressed in
the paragraph to be waived have been completely eliminated;
and
(iii) a classified summary of--
(I) the individual's record of cooperation while in the
custody of or under the effective control of the Department
of Defense; and
(II) the agreements and mechanisms in place to provide for
continuing cooperation.
(C) A summary of the alternative actions to be taken to
address the underlying purpose of, and to mitigate the risks
addressed in, the paragraph or subsection to be waived.
(D) The assessment required by subsection (b)(2).
(e) Record of Cooperation.--In assessing the risk that an
individual detained at Guantanamo will engage in terrorist
activity or other actions that could affect the security of
the United States if released for the purpose of making a
certification under subsection (b) or a waiver under
subsection (d), the Secretary of Defense may give favorable
consideration to any such individual--
(1) who has substantially cooperated with United States
intelligence and law enforcement authorities, pursuant to a
pre-trial agreement, while in the custody of or under the
effective control of the Department of Defense; and
(2) for whom agreements and effective mechanisms are in
place, to the extent relevant and necessary, to provide for
continued cooperation with United States intelligence and law
enforcement authorities.
(f) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Appropriations, the Committee on Foreign Relations, and the
Select Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee on
Appropriations, the Committee on Foreign Affairs, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(2) The term ``individual detained at Guantanamo'' means
any individual located at United States Naval Station,
Guantanamo Bay, Cuba, as of October 1, 2009, who--
(A) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(B) is--
(i) in the custody or under the control of the Department
of Defense; or
(ii) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
(3) The term ``foreign terrorist organization'' means any
organization so designated by the Secretary of State under
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).
SEC. 1034. PROHIBITION ON THE USE OF FUNDS FOR THE TRANSFER
OR RELEASE OF INDIVIDUALS DETAINED AT UNITED
STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
No amounts authorized to be appropriated or otherwise made
available to the Department of Defense may be used during the
period beginning on the date of the enactment of this Act and
ending on December 31, 2014, to transfer, release, or assist
in the transfer or release to or within the United States,
its territories, or possessions of Khalid Sheikh Mohammed or
any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after January 20, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
SEC. 1035. UNCLASSIFIED SUMMARY OF INFORMATION RELATING TO
INDIVIDUALS DETAINED AT PARWAN, AFGHANISTAN.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense shall make publicly
available an unclassified summary of information relating to
the individuals detained by the Department of Defense at the
Detention Facility at Parwan, Afghanistan, pursuant to the
Authorization for Use of Military Force (Public Law 107-40;
50 U.S.C. 1541 note) who have been determined to represent an
enduring security threat to the United States. Such summary
shall cover any individual detained at such facility as of
the date of the enactment of this Act and any individual so
detained during the two-year period preceding the date of the
enactment of this Act. Such summary shall include for each
such covered individual--
(1) a description of the relevant organization or
organizations with which the individual is affiliated;
(2) whether the individual had ever been in the custody or
under the effective control of the United States at any time
before being detained at such facility and, if so, where the
individual had been in such custody or under such effective
control; and
(3) whether the individual has been directly linked to the
death of any member of the United States Armed Forces or any
United States Government employee.
SEC. 1036. ASSESSMENT OF AFFILIATES AND ADHERENTS OF AL-QAEDA
OUTSIDE THE UNITED STATES.
Not later than 120 days after the date of the enactment of
this Act, the President, acting through the Secretary of
Defense, shall submit to the congressional defense committees
an assessment containing each of the following:
(1) An identification of any group operating outside the
United States that is an affiliate or adherent of, or
otherwise related to, al-Qaeda.
(2) A summary of relevant information relating to each such
group, including--
(A) the extent to which members or leaders of the group
have--
(i) conducted or planned to conduct lethal or significant
operations outside the borders of the state or states in
which the group ordinarily operates;
(ii) conducted fundraising or recruiting outside the
borders of such state or states; and
(iii) have demonstrated any interest in conducting
activities described in clauses (i) and (ii) outside the
borders of such state or states;
(B) the extent to which the connection of the group to the
senior leadership of al-Qaeda has changed over time; and
(C) whether the group has attacked or planned to
purposefully attack United States citizens, members of Armed
Forces of the United States, or other representatives of the
United States, or is likely to do so in the future.
(3) An assessment of whether each group is part of or
substantially supporting al-Qaeda or the Taliban, or
constitutes an associated force that is engaged in
hostilities against the United States or its coalition
partners.
(4) The criteria used to determine the nature and extent of
each group's relationship to al-Qaeda.
SEC. 1037. DESIGNATION OF DEPARTMENT OF DEFENSE SENIOR
OFFICIAL FOR FACILITATING THE TRANSFER OF
INDIVIDUALS DETAINED AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall--
(1) designate a senior official of the Department of
Defense as the official with principal responsibility for
coordination and management of the transfer of individuals
detained at United States Naval Station, Guantanamo Bay,
Cuba; and
(2) set forth the responsibilities of that senior official
with respect to such transfers.
SEC. 1038. RANK OF CHIEF PROSECUTOR AND CHIEF DEFENSE COUNSEL
IN MILITARY COMMISSIONS ESTABLISHED TO TRY
INDIVIDUALS DETAINED AT GUANTANAMO.
For purposes of any military commission established under
chapter 47A of title 10, United States Code, to try an alien
unprivileged enemy belligerent (as such terms are defined in
section 948a of such title) who is detained at United States
Naval Station, Guantanamo Bay, Cuba, the chief defense
counsel and the chief prosecutor shall have the same rank.
SEC. 1039. REPORT ON CAPABILITY OF YEMENI GOVERNMENT TO
DETAIN, REHABILITATE, AND PROSECUTE INDIVIDUALS
DETAINED AT GUANTANAMO WHO ARE TRANSFERRED TO
YEMEN.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense and the Secretary of State
shall jointly submit to the congressional defense committees,
the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of
the Senate a report on the capability of the government of
Yemen to detain, rehabilitate, and prosecute individuals
detained at Guantanamo (as such term is defined in section
1033(f)(2)) who are transferred to Yemen. Such report shall
include an assessment of any humanitarian issues that may be
encountered in transferring individuals detained at
Guantanamo to Yemen.
SEC. 1040. REPORT ON ATTACHMENT OF RIGHTS TO INDIVIDUALS
DETAINED AT GUANTANAMO IF TRANSFERRED TO THE
UNITED STATES.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense and the Attorney General
shall jointly submit to the congressional defense committees,
the Committee on the Judiciary of the House of
Representatives, and the Committee on the Judiciary of the
Senate a report that includes each of the following:
(1) A description of the extent to which an individual
detained at Guantanamo, if transferred to the United States,
could become eligible, by reason of such transfer, for--
(A) relief from removal from the United States, including
pursuant to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment;
(B) any required release from immigration detention,
including pursuant to the decision of the Supreme Court in
Zadvydas v. Davis;
(C) asylum or withholding of removal; or
(D) any additional constitutional right.
(2) For any right referred to in paragraph (1) for which
the Secretary and Attorney General determine such an
individual could become eligible if so transferred, a
description of the reasoning behind such determination and an
explanation of the nature of the right.
SEC. 1040A. SUMMARY OF INFORMATION RELATING TO INDIVIDUALS
DETAINED AT GUANTANAMO WHO BECAME LEADERS OF
FOREIGN TERRORIST GROUPS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
make publicly available a summary of information relating to
individuals who were formerly detained at United States Naval
Station, Guantanamo Bay, Cuba, who have, since being
transferred or released from such detention, have become
leaders or involved in the leadership structure of a foreign
terrorist group.
(b) Form of Summary.--The summary required under subsection
(a) shall be in unclassified form, but may contain a
classified annex.
Subtitle E--Sensitive Military Operations
SEC. 1041. CONGRESSIONAL NOTIFICATION OF SENSITIVE MILITARY
OPERATIONS.
(a) Notification Required.--
(1) In general.--Chapter 3 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 130f. Congressional notification of sensitive military
operations
``(a) In General.--The Secretary of Defense shall promptly
submit to the congressional defense committees notice in
writing of any sensitive military operation following such
operation.
[[Page H3427]]
``(b) Procedures.--(1) The Secretary of Defense shall
establish and submit to the congressional defense committees
procedures for complying with the requirements of subsection
(a) consistent with the national security of the United
States and the protection of operational integrity.
``(2) The congressional defense committees shall ensure
that committee procedures designed to protect from
unauthorized disclosure classified information relating to
national security of the United States are sufficient to
protect the information that is submitted to the committees
pursuant to this section.
``(c) Sensitive Military Operation Defined.--The term
`sensitive military operation' means a lethal operation or
capture operation conducted by the armed forces outside the
United States pursuant to--
``(1) the Authorization for Use of Military Force (Public
Law 107-40; 50 U.S.C. 1541 note); or
``(2) any other authority except--
``(A) a declaration of war; or
``(B) a specific statutory authorization for the use of
force other than the authorization referred to in paragraph
(1).
``(d) Exception.--The notification requirement under
subsection (a) shall not apply with respect to a sensitive
military operation executed within the territory of
Afghanistan pursuant to the Authorization for Use of Military
Force (Public Law 107-40; 50 U.S.C. 1541 note).
``(e) Rule of Construction.--Nothing in this section shall
be construed to provide any new authority or to alter or
otherwise affect the War Powers Resolution (50 U.S.C. 1541 et
seq.), the Authorization for Use of Military Force (Public
Law 107-40; 50 U.S.C. 1541 note), or any requirement under
the National Security Act of 1947 (50 U.S.C. 3001 et
seq.).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 130e the following new item:
``130f. Congressional notification regarding sensitive military
operations.''.
(b) Effective Date.--Section 130f of title 10, United
States Code, as added by subsection (a), shall apply with
respect to any sensitive military operation (as defined in
subsection (c) of such section) executed on or after the date
of the enactment of this Act.
(c) Deadline for Submittal of Procedures.--The Secretary of
Defense shall submit to the congressional defense committees
the procedures required under section 130f(b) of title 10,
United States Code, as added by subsection (a), by not later
than 60 days after the date of the enactment of this Act.
SEC. 1042. REPORT ON PROCESS FOR DETERMINING TARGETS OF
LETHAL OPERATIONS.
Not later than 60 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report containing an
explanation of the legal and policy considerations and
approval processes used in determining whether an individual
or group of individuals could be the target of a lethal
operation or capture operation conducted by the Armed Forces
of the United States outside the United States.
SEC. 1043. COUNTERTERRORISM OPERATIONAL BRIEFINGS.
(a) Briefings Required.--Chapter 23 of title 10, United
States Code, is amended by adding at the end the following
new section:
``Sec. 492. Quarterly briefings: counterterrorism operations
``(a) Briefings Required.--The Secretary of Defense shall
provide to the congressional defense committees quarterly
briefings outlining Department of Defense counterterrorism
operations and related activities.
``(b) Elements.--Each briefing under subsection (a) shall
include each of the following:
``(1) A global update on activity within each geographic
combatant command.
``(2) An overview of authorities and legal issues including
limitations.
``(3) An outline of interagency activities and initiatives.
``(4) Any other matters the Secretary considers
appropriate.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``492. Quarterly briefings: counterterrorism operations.''.
Subtitle F--Nuclear Forces
SEC. 1051. PROHIBITION ON ELIMINATION OF THE NUCLEAR TRIAD.
(a) Prohibition on Triad Reductions.--None of the funds
authorized to be appropriated by this Act or otherwise made
available for fiscal year 2014 for the Department of Defense
may be obligated or expended to reduce, convert, or
decommission any strategic delivery system if such reduction,
conversion, or decommissioning would eliminate a leg of the
nuclear triad.
(b) Nuclear Triad Defined.--The term ``nuclear triad''
means the nuclear deterrent capabilities of the United States
composed of the following:
(1) Land-based intercontinental ballistic missiles.
(2) Submarine-launched ballistic missiles and associated
ballistic missile submarines.
(3) Nuclear-certified strategic bombers.
SEC. 1052. LIMITATION ON AVAILABILITY OF FUNDS FOR REDUCTION
OF NUCLEAR FORCES.
(a) Limitation.--None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2014 for the Department of Defense or the
National Nuclear Security Administration may be obligated or
expended to carry out reductions to the nuclear forces of the
United States required by the New START Treaty until--
(1) the Secretary of Defense submits to the appropriate
congressional committees the plan required by section 1042(a)
of the National Defense Authorization Act of Fiscal Year 2012
(Public Law 112-81; 125 Stat. 1575); and
(2) the President certifies to the appropriate
congressional committees that any further reductions to such
forces that result in such forces being reduced below the
level required by the New START Treaty will be carried out
only pursuant to--
(A) a treaty or international agreement specifically
approved with the advice and consent of the Senate pursuant
to Article II, section 2, clause 2 of the Constitution; or
(B) an Act of Congress specifically authorizing such
reductions.
(b) Exception.--The limitation in subsection (a) shall not
apply to the following:
(1) Reductions made to ensure the safety, security,
reliability, and credibility of the nuclear weapons stockpile
and strategic delivery systems, including activities related
to surveillance, assessment, certification, testing, and
maintenance of nuclear warheads and strategic delivery
systems.
(2) Nuclear warheads that are retired or awaiting
dismantlement on the date of the enactment of this Act.
(3) Inspections carried out pursuant to the New START
Treaty.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the following:
(A) The congressional defense committees.
(B) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
(2) The term ``New START Treaty'' means the Treaty between
the United States of America and the Russian Federation on
Measures for the Further Reduction and Limitation of
Strategic Offensive Arms, signed on April 8, 2010, and
entered into force on February 5, 2011.
SEC. 1053. LIMITATION ON AVAILABILITY OF FUNDS FOR REDUCTION
OR CONSOLIDATION OF DUAL-CAPABLE AIRCRAFT BASED
IN EUROPE.
(a) Limitation.--None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2014 for the Department of Defense may be used to
reduce or consolidate the basing of dual-capable aircraft of
the United States that are based in Europe until a period of
90 days has elapsed after the date on which the Secretary of
Defense certifies to the congressional defense committees
that--
(1) the Russian Federation has carried out similar
reductions or consolidations with respect to dual-capable
aircraft of Russia;
(2) the Secretary has consulted with the member states of
the North Atlantic Treaty Organization with respect to the
planned reduction or consolidation of the Secretary; and
(3) there is a consensus among such member states in
support of such planned reduction or consolidation.
(b) Dual-capable Aircraft Defined.--In this section, the
term ``dual-capable aircraft'' means aircraft that can
perform both conventional and nuclear missions.
SEC. 1054. STATEMENT OF POLICY ON IMPLEMENTATION OF ANY
AGREEMENT FOR FURTHER ARMS REDUCTION BELOW THE
LEVELS OF THE NEW START TREATY; LIMITATION ON
RETIREMENT OR DISMANTLEMENT OF STRATEGIC
DELIVERY SYSTEMS.
(a) Finding; Statement of Policy.--
(1) Finding.--Congress finds that it was the Declaration of
the United States Senate in its Resolution of Advice and
Consent to the New START Treaty that ``[t]he Senate declares
that further arms reduction agreements obligating the United
States to reduce or limit the Armed Forces or armaments of
the United States in any militarily significant manner may be
made only pursuant to the treaty-making power of the
President as set forth in Article II, section 2, clause 2 of
the Constitution of the United States''.
(2) Statement of policy.--Congress reaffirms the
Declaration described in paragraph (1) and states that any
agreement for further arms reduction below the levels of the
New START Treaty, including those that may seek to use the
Treaty's verification regime, may only be made pursuant to
the treaty-making power of the President as set forth in
Article II, section 2, clause 2 of the Constitution of the
United States or by Act of Congress, as set forth in the Arms
Control and Disarmament Act (22 U.S.C. 2551 et seq.).
(b) Limitation.--
(1) In general.--None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2014 or any fiscal year thereafter for the
Department of Defense may be obligated or expended to retire,
dismantle, or deactivate, or prepare to retire, dismantle, or
deactivate, any covered strategic delivery vehicle if such
action reduces the number of covered strategic delivery
vehicles to less than the 800 required to implement the New
START Treaty.
(2) Waiver.--In accordance with subsection (c), the
President may waive the limitation under paragraph (1) with
respect to a fiscal year if the President submits to the
appropriate congressional committees written notification
that--
(A) the Senate has given its advice and consent to
ratification of a nuclear arms reduction treaty with the
Russian Federation that requires Russia to significantly and
proportionally reduce its number of nonstrategic nuclear
warheads, or an international agreement for such purpose is
entered into pursuant to an Act of Congress as set forth in
the Arms Control and Disarmament Act (22 U.S.C. 2551 et
seq.);
(B) such treaty or agreement has entered into force; and
(C) such waiver is required during such fiscal year to
implement such treaty or agreement.
[[Page H3428]]
(c) Additional Limitations.--
(1) Certain compliance of nuclear arms control
agreements.--If the President makes a waiver under subsection
(b)(2), none of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2014 or
any fiscal year thereafter for the Department of Defense may
be obligated or expended to retire, dismantle, or deactivate,
or prepare to retire, dismantle, or deactivate, any covered
strategic delivery vehicle until 30 days elapses following
the date on which the President submits to the appropriate
congressional committees and the congressional intelligence
committees written certification that the Russian Federation
is in compliance with its nuclear arms control agreements and
obligations with the United States.
(2) Certain intelligence.--If the President makes a waiver
under subsection (b)(2), none of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2014 or any fiscal year thereafter for the
Department of Defense may be obligated or expended to retire,
dismantle, or deactivate, or prepare to retire, dismantle, or
deactivate, any covered strategic delivery vehicle in
accordance with a treaty or international agreement entered
into pursuant to an Act of Congress requiring such actions
unless the President submits to the appropriate congressional
committees and the congressional intelligence committees
written certification that the intelligence community has
high confidence judgments with respect to--
(A) the nuclear weapons production capacity of the People's
Republic of China;
(B) the nature, number, location, and targetability of the
nuclear weapons and strategic delivery systems of China; and
(C) the nuclear doctrine of China.
(d) Exception.--The limitations in subsection (b) and (c)
shall not apply to reductions made to ensure the safety,
security, reliability, and credibility of the nuclear weapons
stockpile and strategic delivery systems of the United
States, including activities related to surveillance,
assessment, certification, testing, and maintenance of
nuclear warheads and strategic delivery system.
(e) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the following:
(A) The congressional defense committees.
(B) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
(2) The term ``congressional intelligence committees''
means the following:
(A) The Permanent Select Committee on Intelligence of the
House of Representatives.
(B) The Select Committee on Intelligence of the Senate.
(3) The term ``covered strategic delivery vehicle'' means
the following:
(A) B-52H bomber aircraft.
(B) B-2 Spirit bomber aircraft.
(C) Trident ballistic missile submarines.
(D) Trident II D5 submarine launched ballistic missiles.
(E) Minuteman III intercontinental ballistic missiles.
(4) The term ``New START Treaty'' means the Treaty between
the United States of America and the Russian Federation on
Measures for the Further Reduction and Limitation of
Strategic Offensive Arms, signed on April 8, 2010, and
entered into force on February 5, 2011.
SEC. 1055. SENSE OF CONGRESS ON COMPLIANCE WITH NUCLEAR ARMS
CONTROL AGREEMENTS.
(a) Findings.--Congress finds the following:
(1) President Obama stated in Prague in April 2009 that
``Rules must be binding. Violations must be punished. Words
must mean something.''.
(2) President Obama's Nuclear Posture Review of 2010
stated, ``it is not enough to detect non-compliance;
violators must know that they will face consequences when
they are caught.''.
(3) The July 2010 Verifiability Assessment released by the
Department of State on the New START Treaty stated, ``The
costs and risks of Russian cheating or breakout, on the other
hand, would likely be very significant. In addition to the
financial and international political costs of such an
action, any Russian leader considering cheating or breakout
from the New START Treaty would have to consider that the
United States will retain the ability to upload large numbers
of additional nuclear warheads on both bombers and missiles
under the New START, which would provide the ability for a
timely and very significant U.S. response.''.
(4) Subsection (a) of the Resolution of Advice and Consent
to Ratification of the New START Treaty of the Senate, agreed
to on December 22, 2010, listed conditions of the Senate to
the ratification of the New START Treaty that are binding
upon the President, including the condition under paragraph
(1)(B) of such subsection that requires the President to take
certain actions in response to actions by the Russian
Federation that are in violation of or inconsistent with such
treaty, including to ``seek on an urgent basis a meeting with
the Russian Federation at the highest diplomatic level with
the objective of bringing the Russian Federation into full
compliance with its obligations under the New START Treaty''.
(5) The Obama Administration demonstrated that violations
of treaty obligations by other parties require corresponding
action by the United States when, on November 22, 2011, the
Department of State announced that the United States would
``cease carrying out certain obligations under the
Conventional Armed Forces in Europe (CFE) Treaty with regard
to Russia. This announcement in the CFE Treaty's
implementation group comes after the United States and NATO
Allies have tried over the past 4 years to find a diplomatic
solution following Russia's decision in 2007 to cease
implementation with respect to all other 29 CFE States. Since
then, Russia has refused to accept inspections and ceased to
provide information to other CFE Treaty parties on its
military forces as required by the Treaty.''.
(6) On October 17, 2012, the Chairman of the Committee on
Armed Services of the House of Representatives and the
Chairman of the Permanent Select Committee on Intelligence of
the House of Representatives wrote a classified letter to the
President stating their concerns about a major arms control
violation by the Russian Federation.
(7) The Chairmen followed up their classified letter with
unclassified letters on February 14 and April 12, 2013--in
their latest letter, the Chairmen stated that they expect the
Administration to ``directly confront the Russian violations
and circumventions of this and other treaties. . .[we]
further ask, again, for your engagement in correcting this
behavior. We also seek your commitment not to undertake
further reductions to the U.S. nuclear deterrent or extended
deterrent until this Russian behavior is corrected. We are in
full agreement with your policy as you articulated it in
Prague four years ago this month, `rules must be binding,
Violations must be punished. Words must mean something.' ''.
(b) Sense of Congress.--It is the sense of Congress that
the President should consider not seeking to further limit or
reduce the nuclear forces of the United States, including by
negotiation, with a foreign country that remains in active
noncompliance with existing nuclear arms obligations, such as
the Russian Federation.
(c) Obligations of the President in the Event of
Noncompliance.--If the President determines that a foreign
country is not in compliance with its obligations under a
nuclear arms control agreement, treaty, or commitment to
which the United States is a party or in which the United
States is a participating government, including the Missile
Technology Control Regime, the President shall--
(1) immediately consult with Congress regarding the
implications of such noncompliance for--
(A) the viability of such agreement, treaty, or commitment;
and
(B) the national security interests of the United States
and the allies of the United States;
(2) submit to Congress a plan concerning the diplomatic
strategy of the President to engage such foreign country at
the highest diplomatic level with the objective of bringing
such country into full compliance with such obligations; and
(3) at the earliest date practicable following the
submission of the plan under paragraph (2), submit to
Congress a report detailing--
(A) whether adherence by the United States to such
obligation remains in the national security interests of the
United States or the allies of the United States; and
(B) how the United States will redress the effect of such
noncompliance to the national security interests of the
United States or such allies.
SEC. 1056. RETENTION OF CAPABILITY TO REDEPLOY MULTIPLE
INDEPENDENTLY TARGETABLE REENTRY VEHICLES.
(a) Deployment Capability.--The Secretary of the Air Force
shall ensure that the Air Force is capable of--
(1) deploying multiple independently targetable reentry
vehicles to Minuteman III intercontinental ballistic
missiles, and any ground-based strategic deterrent follow-on
to such missiles; and
(2) commencing such deployment not later than 270 days
after the date on which the President determines such
deployment necessary.
(b) Warhead Capability.--The Nuclear Weapons Council
established by section 179 of title 10, United States Code,
shall ensure that--
(1) the nuclear weapons stockpile contains a sufficient
number of nuclear warheads that are capable of being deployed
as multiple independently targetable reentry vehicles with
respect to Minuteman III intercontinental ballistic missiles,
and any ground-based strategic deterrent follow-on to such
missiles; and
(2) such deployment is capable of being commenced not later
than 270 days after the date on which the President
determines such deployment necessary.
SEC. 1057. ASSESSMENT OF NUCLEAR WEAPONS PROGRAM OF THE
PEOPLE'S REPUBLIC OF CHINA.
Section 1045(b) of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1933) is
amended--
(1) in paragraph (4), by striking ``August 15, 2013'' and
inserting ``August 15, 2014''; and
(2) by adding at the end the following new paragraph:
``(5) Limitation.--Of the funds authorized to be
appropriated by the National Defense Authorization Act for
Fiscal Year 2014 or otherwise made available for fiscal year
2014 for the Office of the Secretary of Defense for travel,
not more than 75 percent may be obligated or expended until a
period of 30 days has elapsed following the date on which the
Secretary of Defense notifies the appropriate congressional
committees that the Secretary has entered into an agreement
under paragraph (1) with a federally funded research and
development center.''.
SEC. 1058. COST ESTIMATES FOR NUCLEAR WEAPONS.
Section 1043(a) of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1576), as
amended by section 1041 of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat.
1931), is amended--
(1) in paragraph (2)(F), by inserting ``personnel,'' after
``maintenance,''; and
(2) in paragraph (3), by inserting before the period at the
end the following: ``, including how and which locations were
counted''.
[[Page H3429]]
SEC. 1059. REPORT ON NEW START TREATY.
Not later than January 15, 2014, the Secretary of Defense
and the Chairman of the Joint Chiefs of Staff shall jointly
submit to the congressional defense committees, the Committee
on Foreign Affairs of the House of Representatives, and the
Committee on Foreign Relations of the Senate a report on
whether the New START Treaty (as defined in section
494(a)(2)(D)(ii)) of title 10, United States Code) is in the
national security interests of the United States.
Subtitle G--Miscellaneous Authorities and Limitations
SEC. 1061. ENHANCEMENT OF CAPACITY OF THE UNITED STATES
GOVERNMENT TO ANALYZE CAPTURED RECORDS.
(a) In General.--Chapter 21 of title 10, United States
Code, is amended by inserting after section 426 the following
new section:
``Sec. 427. Conflict Records Research Center
``(a) Center Authorized.--The Secretary of Defense may
establish a center to be known as the `Conflict Records
Research Center' (in this section referred to as the
`Center').
``(b) Purposes.--The purposes of the Center shall be the
following:
``(1) To establish a digital research database including
translations and to facilitate research and analysis of
records captured from countries, organizations, and
individuals, now or once hostile to the United States, with
rigid adherence to academic freedom and integrity.
``(2) Consistent with the protection of national security
information, personally identifiable information, and
intelligence sources and methods, to make a significant
portion of these records available to researchers as quickly
and responsibly as possible while taking into account the
integrity of the academic process and risks to innocents or
third parties.
``(3) To conduct and disseminate research and analysis to
increase the understanding of factors related to
international relations, counterterrorism, and conventional
and unconventional warfare and, ultimately, enhance national
security.
``(4) To collaborate with members of academic and broad
national security communities, both domestic and
international, on research, conferences, seminars, and other
information exchanges to identify topics of importance for
the leadership of the United States Government and the
scholarly community.
``(c) Concurrence of the Director of National
Intelligence.--The Secretary of Defense shall seek the
concurrence of the Director of National Intelligence to the
extent the efforts and activities of the Center involve the
entities referred to in subsection (b)(4).
``(d) Support From Other United States Government
Departments or Agencies.--The head of any non-Department of
Defense department or agency of the United States Government
may--
``(1) provide to the Secretary of Defense services,
including personnel support, to support the operations of the
Center; and
``(2) transfer funds to the Secretary of Defense to support
the operations of the Center.
``(e) Acceptance of Gifts and Donations.--(1) Subject to
paragraph (3), the Secretary of Defense may accept from any
source specified in paragraph (2) any gift or donation for
purposes of defraying the costs or enhancing the operations
of the Center.
``(2) The sources specified in this paragraph are the
following:
``(A) The government of a State or a political subdivision
of a State.
``(B) The government of a foreign country.
``(C) A foundation or other charitable organization,
including a foundation or charitable organization that is
organized or operates under the laws of a foreign country.
``(D) Any source in the private sector of the United States
or a foreign country.
``(3) The Secretary may not accept a gift or donation under
this subsection if acceptance of the gift or donation would
compromise or appear to compromise--
``(A) the ability of the Department of Defense, any
employee of the Department, or any member of the armed forces
to carry out the responsibility or duty of the Department in
a fair and objective manner; or
``(B) the integrity of any program of the Department or of
any person involved in such a program.
``(4) The Secretary shall provide written guidance setting
forth the criteria to be used in determining the
applicability of paragraph (3) to any proposed gift or
donation under this subsection.
``(f) Crediting of Funds Transferred or Accepted.--Funds
transferred to or accepted by the Secretary of Defense under
this section shall be credited to appropriations available to
the Department of Defense for the Center, and shall be
available for the same purposes, and subject to the same
conditions and limitations, as the appropriations with which
merged. Any funds so transferred or accepted shall remain
available until expended.
``(g) Definitions.--In this section:
``(1) The term `captured record' means a document, audio
file, video file, or other material captured during combat
operations from countries, organizations, or individuals, now
or once hostile to the United States.
``(2) The term `gift or donation' means any gift or
donation of funds, materials (including research materials),
real or personal property, or services (including lecture
services and faculty services).''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter I of such chapter is amended by
inserting after the item relating to section 426 the
following new item:
``427. Conflict Records Research Center.''.
SEC. 1062. EXTENSION OF AUTHORITY TO PROVIDE MILITARY
TRANSPORTATION SERVICES TO CERTAIN OTHER
AGENCIES AT THE DEPARTMENT OF DEFENSE
REIMBURSEMENT RATE.
(a) In General.--Section 2642(a) of title 10, United States
Code, is amended--
(1) by striking ``airlift'' each place it appears and
inserting ``transportation''; and
(2) in paragraph (3)--
(A) by striking ``October 28, 2014'' and inserting
``September 30, 2019'';
(B) by inserting and ``military transportation services
provided in support of foreign military sales'' after
``Department of Defense''; and
(C) by striking ``air industry'' and inserting
``transportation industry''.
(b) Technical Amendment.--The heading for such section is
amended by striking ``Airlift'' and inserting
``Transportation''.
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 157 of such title is amended by striking
the item relating to section 2642 and inserting the following
new item:
``2642. Transportation services provided to certain other agencies: use
of Department of Defense reimbursement rates''.
SEC. 1063. LIMITATION ON AVAILABILITY OF FUNDS FOR
MODIFICATION OF FORCE STRUCTURE OF THE ARMY.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2014 for the
Department of the Army may be used to modify the force
structure or basing strategy of the Army until the Secretary
of the Army--
(1) submits to Congress the report on force structure
required by section 1066 of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239;
126 Stat. 1943); and
(2) provides to the congressional defense committees a
briefing on the most recent force mix analysis conducted by
the Secretary, including--
(A) the assumptions and scenarios used to determine the
type and mix of Brigade Combat Teams;
(B) the rationale for the recommended force mix; and
(C) the risks involved with the recommended force mix.
SEC. 1064. LIMITATION ON USE OF FUNDS FOR PUBLIC-PRIVATE
COOPERATION ACTIVITIES.
No amounts authorized to be appropriated or otherwise made
available to the Department of Defense by this Act or any
other Act may be obligated or expended on any public-private
cooperation activity undertaken by a combatant command until
the Secretary of Defense submits to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives the report on the conclusions of
the Defense Business Board that the Secretary was directed to
provide under the Report of the Committee on Armed Services
to accompany H.R. 4310 of the 112th Congress (H. Rept. 112-
479).
Subtitle H--Studies and Reports
SEC. 1071. OVERSIGHT OF COMBAT SUPPORT AGENCIES.
Section 193(a)(1) of title 10, United States Code, is
amended in the matter preceding subparagraph (A) by inserting
``and the congressional defense committees'' after ``the
Secretary of Defense''.
SEC. 1072. INCLUSION IN ANNUAL REPORT OF DESCRIPTION OF
INTERAGENCY COORDINATION RELATING TO
HUMANITARIAN DEMINING TECHNOLOGY.
Section 407(d) of title 10, United States Code, is
amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period and inserting
``; and''; and
(3) by adding at the end the following new paragraph:
``(5) a description of interagency efforts to coordinate
and improve research, development, test, and evaluation for
humanitarian demining technology and mechanical clearance
methods, including the transfer of relevant counter-
improvised explosive device technology with potential
humanitarian demining applications.''.
SEC. 1073. EXTENSION OF DEADLINE FOR COMPTROLLER GENERAL
REPORT ON ASSIGNMENT OF CIVILIAN EMPLOYEES OF
THE DEPARTMENT OF DEFENSE AS ADVISORS TO
FOREIGN MINISTRIES OF DEFENSE.
Section 1081(d) of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law. 112-81; 125 Stat. 1599; 10
U.S.C. 168 note) is amended by striking ``December 30, 2013''
and inserting ``December 30, 2014''.
SEC. 1074. REPEAL OF REQUIREMENT FOR COMPTROLLER GENERAL
ASSESSMENT OF DEPARTMENT OF DEFENSE
EFFICIENCIES.
Section 1054 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1582) is
repealed.
SEC. 1075. MATTERS FOR INCLUSION IN THE ASSESSMENT OF THE
2013 QUADRENNIAL DEFENSE REVIEW.
(a) In General.--For purposes of conducting the assessment
of the 2013 quadrennial defense review under section 118 of
title 10, United States Code, the National Defense Panel
established under subsection (f) of such section (hereinafter
in this section referred to as the ``Panel'') shall--
(1) conduct an assessment of the recommendation included in
the assessment of the 2009 quadrennial defense review under
such section regarding the establishment of a standing,
independent strategic review panel;
(2) include in the report required by paragraph (7) of such
subsection the recommendations of the Panel regarding the
establishment of such a standing panel; and
[[Page H3430]]
(3) take into consideration the Strategic Choices and
Management Review directed by the Secretary of Defense during
2013, particularly in carrying out the responsibilities of
the Panel under clauses (i), (ii), and (v) of paragraph (5)
of such subsection.
(b) Updates From Secretary of Defense.--In providing
updates to the panel regarding the 2013 quadrennial defense
review under paragraph (8) of such subsection, or providing
information requested by the panel pursuant to paragraph
(9)(A) of such subsection, the Secretary of Defense or head
of the department or agency, as appropriate, shall also
provide information related to the Strategic Choices and
Management Review.
SEC. 1076. REVIEW AND ASSESSMENT OF UNITED STATES SPECIAL
OPERATIONS FORCES AND UNITED STATES SPECIAL
OPERATIONS COMMAND.
(a) In General.--The Secretary of Defense shall conduct a
review of the United States Special Operations Forces
organization, capabilities, and structure.
(b) Report.--Not later than the date on which the budget of
the President is submitted to Congress under section 1105(a)
of title 31, United States Code, for fiscal year 2015, the
Secretary of Defense shall submit to the congressional
defense committees a report on the review conducted under
subsection (a). Such report shall include an analysis of each
of the following:
(1) The organizational structure of the United States
Special Operations Command and each subordinate component, as
in effect as of the date of the enactment of this Act.
(2) The policy and civilian oversight structures for
Special Operations Forces within the Department of Defense,
as in effect as of the date of the enactment of this Act,
including the statutory structures and responsibilities of
the Office of the Secretary of Defense for Special Operations
and Low Intensity Conflict within the Department.
(3) The roles and responsibilities of United States Special
Operations Command and Special Operations Forces under
section 167 of title 10, United States Code.
(4) Current and future special operations peculiar
requirements of the commanders of the geographic combatant
commands, Theater Special Operations Commands, and command
relationships between United States Special Operations
Command and the geographic combatant commands.
(5) The funding authorities, uses, and oversight mechanisms
of Major Force Program-11.
(6) Changes to structure, authorities, oversight
mechanisms, Major Force Program-11 funding, roles, and
responsibilities assumed in the 2014 Quadrennial Defense
Review.
(7) Any other matters the Secretary of Defense determines
are appropriate to ensure a comprehensive review and
assessment.
(c) In General.--Not later than 60 days after the date on
which the report required by subsection (b) is submitted, the
Comptroller General of the United States shall submit to the
congressional defense committees a review of the report. Such
review shall include an assessment of United States Special
Operations Forces organization, capabilities, and force
structure with respect to conventional force structures and
national military strategies.
SEC. 1077. REPORTS ON UNMANNED AIRCRAFT SYSTEMS.
(a) Report on Collaboration, Demonstration, and Use Cases
and Data Sharing.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, the
Secretary of Transportation, the Administrator of the Federal
Aviation Administration, and the Administrator of the
National Aeronautics and Space Administration, on behalf of
the UAS Executive Committee, shall submit jointly to the
appropriate committees of Congress a report setting forth the
following:
(1) The collaboration, demonstrations, and initial fielding
of unmanned aircraft systems at test sites within and outside
of restricted airspace.
(2) The progress being made to develop public and civil
sense-and-avoid and command-and-control technology.
(3) An assessment on the sharing of operational,
programmatic, and research data relating to unmanned aircraft
systems operations by the Federal Aviation Administration,
the Department of Defense, and the National Aeronautics and
Space Administration to help the Federal Aviation
Administration establish civil unmanned aircraft systems
certification standards, pilot certification and licensing,
and air traffic control procedures, including identifying the
locations selected to collect, analyze, and store the data.
(b) Report on Resource Requirements Needed for Unmanned
Aircraft Systems Described in the Five-year Roadmap.--Not
later than 90 days after the date of the enactment of this
Act, the Secretary of Defense, on behalf of the UAS Executive
Committee, shall submit to the appropriate committees of
Congress a report setting forth the resource requirements
needed to meet the milestones for unmanned aircraft systems
integration described in the five-year roadmap under section
332(a)(5) of the FAA Modernization and Reform Act (Public Law
112-95; 49 U.S.C. 40101 note).
(c) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Commerce, Science and Transportation, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee on
Transportation and Infrastructure, the Committee on Science,
Space, and Technology, and the Committee on Appropriations of
the House of Representatives.
(2) The term ``UAS Executive Committee'' means the
Department of Defense-Federal Aviation Administration
executive committee described in section 1036(b) of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4596) established by
the Secretary of Defense and the Administrator of the Federal
Aviation Administration.
SEC. 1078. ONLINE AVAILABILITY OF REPORTS SUBMITTED TO
CONGRESS.
(a) In General.--Subsection (a)(1) of section 122a of title
10, United States Code, is amended to read as follows:
``(1) made available on a publicly accessible Internet
website of the Department of Defense; and''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to reports submitted to Congress
after the date of the enactment of this Act.
SEC. 1079. PROVISION OF DEFENSE PLANNING GUIDANCE AND
CONTINGENCY OPERATION PLAN INFORMATION TO
CONGRESS.
(a) In General.--Section 113(g) of title 10, United States
Code is amended by adding at the end, the following new
paragraph:
``(3) At the time of the budget submission by the President
for a fiscal year, the Secretary of Defense shall submit to
the congressional defense committees an annual report
containing summaries of the guidance developed under
paragraphs (1) and (2), as well as summaries of any plans
developed in accordance with the guidance developed under
paragraph (2). Such summaries shall be sufficient to allow
the congressional defense committees to evaluate fully the
requirements for military forces, acquisition programs, and
operations and maintenance funding in the President's annual
budget request for the Department of Defense.''.
(b) Report Required.--Notwithstanding the requirement under
paragraph (3) of section 113(g) of title 10, United States
Code, as added by subsection (a), that the Secretary of
Defense submit reports under that paragraph at the time of
the President's annual budget submission, the Secretary shall
submit to the congressional defense committees the first
report required under that paragraph by not later than 120
days after the date of the enactment of this Act,
(c) Limitation on Obligation of Funds Pending Report.--Of
the funds authorized to be appropriated by this Act for
Operation and Maintenance, Defense-wide, for the office of
the Secretary of Defense, not more than 75 percent may be
obligated or expended before the date that is 15 days after
the date on which the Secretary submits the report described
in subsection (b).
Subtitle I--Other Matters
SEC. 1081. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Title 10.--Title 10, United States Code, is amended as
follows:
(1) The table of chapters at the beginning of subtitle A,
and at the beginning of part I of such subtitle, are each
amended by striking the item relating to chapter 24 and
inserting the following:
24. Nuclear Posture.............................................491....
(2) Section 122a(a) is amended by striking ``subsection (b)
is'' and inserting ``subsection (b) is--''.
(3) The table of sections at the beginning of chapter 3 is
amended by striking the item relating to section 130e and
inserting the following new item:
``130e. Treatment under Freedom of Information Act of critical
infrastructure security information.''.
(4) The table of sections at the beginning of chapter 9 is
amended by striking the item relating to section 231 and
inserting the following new item:
``231. Budgeting for construction of naval vessels: annual plan and
certification.''.
(5) Section 231a(a) is amended by striking ``fiscal year of
Defense'' and inserting ``fiscal year, the Secretary of
Defense''.
(6) Chapter 24 is amended by adding a period at the end of
the enumerator of section 498.
(7) Section 494(c) is amended by striking ``the date of the
enactment of this Act'' each place it appears and inserting
``December 31, 2011''.
(8) Section 673(a) is amended by inserting ``of the Uniform
Code of Military Justice'' after ``120c''.
(9) Section 1401a is amended by striking ``before the
enactment of the National Defense Authorization Act for
Fiscal Year 2008'' in subsections (d) and (e) and inserting
``before January 28, 2008''.
(10) Section 2359b(k)(4)(B) is amended by adding a period
at the end.
(11) Section 2461(a)(5)(E)(i) is amended by striking ``the
a'' and inserting ``the''.
(b) National Defense Authorization Act for Fiscal Year
2013.--Effective as of January 2, 2013, and as if included
therein as enacted, the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112-239) is amended as
follows:
(1) Section 322(e)(2) (126 Stat. 1695) is amended by
striking ``Section 2366b(A)(3)(F)'' and inserting ``Section
2366b(a)(3)(F)''.
(2) Section 371(a)(1) (126 Stat. 1706) is amended by
striking ``subsections (f) and (g) as subsections (g) and
(h), respectively'' and inserting ``subsection (f) as
subsection (g)''.
(3) Section 611(7) (126 Stat. 1776) is amended by striking
``Section 408a(e)'' and inserting ``Section 478a(e)''.
(4) Section 822(b) (126 Stat. 1830) is amended by striking
``such Act'' and inserting ``such section''.
(5) Section 1031(b)(3)(B) (126 Stat.1918) is amended by
striking the subclause (III) immediately below clause (iv).
[[Page H3431]]
(6) Section 1031(b)(4) (126 Stat.1919) is amended by
striking ``Section 1031(b)'' and inserting ``Section
1041(b)''.
(7) Section 1086(d)(1) (126 Stat.1969) is amended by
striking ``paragraph (1)'' and inserting ``paragraph (2)''.
(8) Section 1221(a)(2) (126 Stat. 1992) is amended by
striking ``fiscal'' both places it appears and inserting
``Fiscal''.
(9) Section 1804 (126 Stat. 2111) is amended--
(A) in subsection (h)(1)(B), by striking ``inserting `;
and';'' and inserting ``inserting a semicolon;''; and
(B) in subsection (i), by inserting after ``it appears''
the following: ``(except in those places in which
`Administrator of FEMA' already appears)''.
(c) National Defense Authorization Act for Fiscal Year
2012.--Effective as of December 31, 2011, and as if included
therein as enacted, the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81) is amended as
follows:
(1) Section 312(b)(6)(F) (125 Stat. 1354) is amended by
striking ``subsection (D)'' and inserting ``subsection (d)''.
(2) Section 585(a)(1) (125 Stat. 1434; 10 U.S.C. 1561 note)
is amended ``experts sexual'' and inserting ``experts in
sexual''.
(d) National Defense Authorization Act for Fiscal Year
2004.--Section 338(a) of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 5013
note), as most recently amended by section 321 of the
National Defense Authorization Act for Fiscal Year 2013
(Public Law 112-239; 126 Stat. 1694), is amended by striking
``subsection 4703'' and inserting ``section 4703''.
(e) Amendment to Title 41.--Section 4712(i) is amended by
inserting before ``the enactment'' the following: ``that is
180 days after the date''.
(f) Coordination With Other Amendments Made by This Act.--
For purposes of applying amendments made by provisions of
this Act other than this section, the amendments made by this
section shall be treated as having been enacted immediately
before any amendment made by other provisions of this Act.
SEC. 1082. TRANSPORTATION OF SUPPLIES FOR THE UNITED STATES
BY AIRCRAFT OPERATED BY UNITED STATES AIR
CARRIERS.
(a) Department of Defense.--
(1) In general.--Chapter 157 of title 10, United States
Code, is amended by inserting after section 2631a the
following new section:
``Sec. 2631b. Supplies: preference to United States aircraft
``(a) Preference.--Only aircraft owned by the United
States, or aircraft operated by or under the supervision of
United States air carriers holding a certificate under
section 41102 of title 49 and registered in the Civil Reserve
Air Fleet, may be used for the transportation by air of
supplies on behalf of any component of the Department of
Defense. However, if the President finds that the rates
charged for the use of those aircraft is excessive or
otherwise unreasonable, contracts for transportation may be
made as otherwise provided by law. Charges made for the
transportation of those supplies by those aircraft may not be
higher than the charges made for transporting like goods for
private persons.
``(b) Outsize and Oversize Cargoes.--(1) The preference
under subsection (a) shall not apply to outsize or oversize
cargoes if no air carrier registered in the Civil Reserve Air
Fleet nor any aircraft owned by the United States is capable
and available of transporting such a cargo.
``(2) The Secretary of Defense shall ensure that, to the
maximum extent practicable, outsize and oversize cargoes are
transported by aircraft owned and operated by the United
States or by air carriers in the Civil Reserve Air Fleet.
``(3) Not later than March 30 of each year, the Secretary
of Defense shall submit to the congressional defense
committees a report on outsize and oversize cargo flights.
Each such report shall include, for the year covered by the
report, each of the following:
``(A) The number of outsize and oversize cargo flights,
including the number of flights and tonnage of each flight,
flown both by aircraft owned and operated by the United
States and by carriers in the Civil Reserve Air Fleet.
``(B) For any cargo carried by aircraft that is neither
owned and operated by the United States nor by an air carrier
in the Civil Reserve Air Fleet, an explanation for the use of
such a carrier.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2631a the following new item:
``2631b. Supplies: preference to United States aircraft.''.
(b) Other Departments and Agencies.--
(1) In general.--Chapter 401 of title 49, United States
Code, is amended by adding at the end the following new
section:
``Sec. 40131. Air transportation procured by the United
States Government
``(a) Guarantee.--Consistent with the provisions of section
40118 of title 49, when the United States procures, enters
into a contract for, or otherwise obtains for its own
account, or furnishes to or for the account of a foreign
country, organization, or person without provision for
reimbursement, any equipment, materials, or commodities, or
provides financing in any way with Federal funds for the
account of any person unless otherwise exempted, within or
without the United States, or advances funds or credits, or
guarantees the convertibility of foreign currencies in
connection with the furnishing or obtaining of the equipment,
materials, or commodities, the appropriate agencies shall
take steps necessary and practicable to ensure that at least
50 percent of the gross tonnage of the equipment, materials,
or commodities which may be transported on fixed wing
aircraft are transported on privately-owned commercial
aircraft that are owned, operated, or otherwise supervised by
air carriers holding a certificate under section 41102 of
this title and registered in the Civil Reserve Air Fleet, to
the extent those aircraft are appropriate and available at
fair and reasonable rates.
``(b) Exception.--
``(1) In general.--The requirements of this section shall
not apply to any equipment, materials, or commodities
transported for the use of the military services of the
United States or to respond to a humanitarian disaster.
``(2) Humanitarian disaster defined.--For purposes of this
subsection, the term `humanitarian disaster' means a man-made
or natural occurrence that causes loss of life, health,
property, or livelihood, inflicting severe destruction and
distress.
``(c) Waiver.--
``(1) In general.--The President, the Secretary of
Transportation, or the Secretary of State, in coordination
with the Secretary of Defense, as appropriate, may issue a
temporary waiver of this section--
``(A) to respond to an emergency; or
``(B) if such a waiver is in the national interests of the
United States.
``(2) Committee notice.--The President, the Secretary of
Transportation, or the Secretary of State, as appropriate,
shall notify the following Committees within 30 days of
exercising a waiver under paragraph (1):
``(A) The Committees on Armed Services and Appropriations
of the Senate and the House of Representatives.
``(B) The Committee on Commerce, Science, and
Transportation of the Senate.
``(C) The Committee on Transportation and Infrastructure of
the House of Representatives.
``(D) The Committee on Foreign Relations of the Senate.
``(E) The Committee on Foreign Affairs of the House of
Representatives.
``(3) Expiration and renewal of waiver.--Any waiver issued
under paragraph (1) shall expire not later than 180 days
after the date on which it is issued. The President, the
Secretary of Transportation, or the Secretary of State, as
appropriate, may renew an expired or expiring waiver as long
as the President or Secretary provides notice to the
committees referred to in paragraph (2) in accordance with
that paragraph.
``(d) Regulations.--Each department or agency of the
Government shall administer its air transport operations
according to regulations and guidance issued by the Secretary
of Transportation.
``(e) Enforcement.--The Secretary of Transportation may
impose on any person violating this section, or a regulation
issued under this section, a civil penalty of up to $25,000
for each violation knowingly committed, with each day of a
continuing violation following the initial shipment to be a
separate violation.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``40131. Air transportation procured by the United States
Government.''.
SEC. 1083. REDUCTION IN COSTS TO REPORT CRITICAL CHANGES TO
MAJOR AUTOMATED INFORMATION SYSTEM PROGRAMS.
(a) Extension of a Program Defined.--Section 2445a of title
10, United States Code, is amended by adding at the end the
following new subsection:
``(g) Extension of a Program.--In this chapter, the term
`extension of a program' means, with respect to a major
automated information system program or other major
information technology investment program, the further
deployment or planned deployment to additional users of the
system which has already been found operationally effective
and suitable by an independent test agency or the Director of
Operational Test and Evaluation, beyond the scope planned in
the original estimate or information originally submitted on
the program.''.
(b) Reports on Critical Changes in MAIS Programs.--
Subsection (d) of section 2445c of such title is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraph (3)'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Notification when variance due to congressional
action or extension of program.--If a senior Department of
Defense official who, following receipt of a quarterly report
described in paragraph (1) and making a determination
described in paragraph (3), also determines that the
circumstances resulting in the determination described in
paragraph (3) either (A) are primarily the result of
congressional action, or (B) are primarily due to an
extension of a program, the official may, in lieu of carrying
out an evaluation and submitting a report in accordance with
paragraph (1), submit to the congressional defense
committees, within 45 days after receiving the quarterly
report, a notification that the official has made those
determinations. If such a notification is submitted, the
limitation in subsection (g)(1) does not apply with respect
to that determination under paragraph (3).''.
(c) Conforming Cross-reference Amendment.--Subsection
(g)(1) of such section is amended by striking ``subsection
(d)(2)'' and inserting ``subsection (d)(3)''.
(d) Total Acquisition Cost Information.--Title 10, United
States Code, is further amended--
(1) in section 2445b(b)(3), by striking ``development
costs'' and inserting ``total acquisition costs''; and
[[Page H3432]]
(2) in section 2445c--
(A) in subparagraph (B) of subsection (c)(2), by striking
``program development cost'' and inserting ``total
acquisition cost''; and
(B) in subparagraph (C) of subsection (d)(3) (as
redesignated by subsection (b)(2)), by striking ``program
development cost'' and inserting ``total acquisition cost''.
(e) Clarification of Cross-reference.--Section 2445c(g)(2)
of such title is amended by striking ``in compliance with the
requirements of subsection (d)(2)'' and inserting ``under
subsection (d)(1)(B)''.
SEC. 1084. EXTENSION OF AUTHORITY OF SECRETARY OF
TRANSPORTATION TO ISSUE NON-PREMIUM AVIATION
INSURANCE.
Section 44310 of title 49, United States Code, is
amended--
(1) by inserting ``(a) In General.--'' before ``The
authority'';
(2) by striking ``this chapter'' and inserting ``any
provision of this chapter other than section 44305''; and
(3) by adding at the end the following new subsection:
``(b) Insurance of United States Government Property.--The
authority of the Secretary of Transportation to provide
insurance and reinsurance for a department, agency, or
instrumentality of the United States Government under section
44305 is not effective after December 31, 2018.''.
SEC. 1085. REVISION OF COMPENSATION OF MEMBERS OF THE
NATIONAL COMMISSION ON THE STRUCTURE OF THE AIR
FORCE.
(a) Revision.--Section 365(a) of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239;
126 Stat.1705) is amended--
(1) by striking ``shall be compensated'' and inserting
``may be compensated'';
(2) by striking ``equal to'' and inserting ``not to
exceed''; and
(3) by inserting ``of $155,400'' after ``annual rate''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to compensation for a duty performed
on or after April 2, 2013.
SEC. 1086. PROTECTION OF TIER ONE TASK CRITICAL ASSETS FROM
ELECTROMAGNETIC PULSE AND HIGH-POWERED
MICROWAVE SYSTEMS.
(a) Certification Required.--Not later than June 1, 2014,
the Secretary of the Defense shall submit to the
congressional defense committees certification that defense
critical assets designated as tier one task critical assets
(hereinafter referred to as ``TCAs'') are protected from the
adverse effects of man-made or naturally occurring
electromagnetic pulse and high-powered microwave weapons. Any
such assets found not to be so protected shall be included in
the plan required under subsection (b).
(b) Plan Required.--Not later than January 1, 2015, the
Secretary of the Defense shall submit to the congressional
defense committees a plan for tier one TCAs to receive
electricity by means that are protected from the adverse
effects of man-made or naturally occurring electromagnetic
pulse and high-powered microwave weapons. The plan shall
include the following elements:
(1) An analysis of how the Department of Defense plans to
mitigate any risks to mission assurance for non-certified
tier one TCAs, including any steps that may be needed for
remediation.
(2) The development or adoption by the Department of a
standard of resistance or protection against man-made and
natural electromagnetic threats for electricity sources that
supply electricity to tier one TCAs.
(3) The development by the Department of a strategy to
certify by December 31, 2015, that all electricity sourced to
tier one TCAs is provided by facilities that meet the
standard developed under paragraph (2).
(c) Preparation of Plan.--In preparing the plan required by
subsection (b), the Secretary of Defense shall use the
guidance and recommendations of the Commission to Assess the
Threat to the United States from Electromagnetic Pulse Attack
established by section 1401 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted
into law by Public Law 106-398; 114. Stat. 1654A-345).
(d) Form of Submission.--The plan required by subsection
(b) shall be submitted in classified form.
(e) Definitions.--In this section:
(1) The term ``task critical asset'' means an asset of such
extraordinary importance to operations in peace, crisis, and
war that its incapacitation or destruction would have a
debilitating effect on the ability of the Department of
Defense to fulfill its missions.
(2) The term ``tier one'' with respect to a task critical
asset means such an asset the loss, incapacitation, or
disruption of which could result in mission (or function)
failure at the Department of Defense, military department,
combatant command, sub-unified command, Defense Agency, or
defense infrastructure sector level.
SEC. 1087. STRATEGY FOR FUTURE MILITARY INFORMATION
OPERATIONS CAPABILITIES.
(a) Strategy Required.--The Secretary of Defense shall
develop and implement a strategy for developing and
sustaining military information operations capabilities for
future contingencies. The Secretary shall submit such
strategy to the congressional defense committees by not later
than February 1, 2014.
(b) Contents of Strategy.--The strategy required in
subsection (a) shall include each of the following:
(1) A plan for the sustainment of existing capabilities
that have been developed during the ten-year period prior to
the date of the enactment of this Act, including such
capabilities developed using funds authorized to be
appropriated for overseas contingency operations.
(2) A discussion of how the capabilities referred to in
paragraph (1) are being integrated into both operational
plans (OPLANS) and contingency plans (CONPLANS).
(3) An assessment of the force structure that is necessary
to support operational planning and potential contingency
operations, including the relative balance across the active
and reserve components.
(4) Estimates of the steady-state resources needed to
support the force structure referred to in paragraph (3), as
well as estimates for resources that might be needed based on
selected OPLANS and CONPLANS.
(5) A description of how new and emerging technologies can
be incorporated into the projected force structure and future
OPLANS and CONPLANS.
(6) A description of new capabilities that may be needed to
fill any identified gaps and programs that might be required
to develop such capabilities.
SEC. 1088. COMPLIANCE OF MILITARY DEPARTMENTS WITH MINIMUM
SAFE STAFFING STANDARDS.
In implementing the sequester required by section 251A of
the Balanced Budget and Emergency Deficit Control Act of
1985, as ordered on March 1, 2013, the Secretary of Defense
shall ensure that all military departments remain fully
compliant with minimum safe staffing standards, as outlined
in the Department of Defense Fire and Emergency Services
Program (DoD Instruction 6055.06).
SEC. 1089. DETERMINATION AND DISCLOSURE OF TRANSPORTATION
COSTS INCURRED BY SECRETARY OF DEFENSE FOR
CONGRESSIONAL TRIPS OUTSIDE THE UNITED STATES.
(a) Determination and Disclosure of Costs by Secretary.--In
the case of a trip taken by a Member, officer, or employee of
the House of Representatives or Senate in carrying out
official duties outside the United States for which the
Department of Defense provides transportation, the Secretary
of Defense shall--
(1) determine the cost of the transportation provided with
respect to the Member, officer, or employee;
(2) not later than 10 days after completion of the trip
involved, provide a written statement of the cost--
(A) to the Member, officer, or employee involved, and
(B) to the Committee on Armed Services of the House of
Representatives (in the case of a trip taken by a Member,
officer, or employee of the House) or the Committee on Armed
Services of the Senate (in the case of a trip taken by a
Member, officer, or employee of the Senate); and
(3) upon providing a written statement under paragraph (2),
make the statement available for viewing on the Secretary's
official public website until the expiration of the 4-year
period which begins on the final day of the trip involved.
(b) Exceptions.--
(1) Exceptions described.--This section does not apply with
respect to any trip for which any of the following applies:
(A) The purpose of the trip is to visit one or more United
States military installations or to visit United States
military personnel in a war zone (or both).
(B) The use of transportation provided by the Department of
Defense is necessary to protect the safety and security of
the individuals taking the trip.
(2) Consultation.--In determining whether or not a trip is
described in paragraph (1), the Secretary of Defense shall
consult with the Speaker of the House of Representatives (in
the case of a trip taken by a Member, officer, or employee of
the House) or the Majority Leader of the Senate (in the case
of a trip taken by a Member, officer, or employee of the
Senate).
(c) Definitions.--In this section:
(1) Member.--The term ``Member'', with respect to the House
of Representatives, includes a Delegate or Resident
Commissioner to the Congress.
(2) United states.--The term ``United States'' means the
several States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana
Islands, the Virgin Islands, Guam, American Samoa, and any
other territory or possession of the United States.
(d) Effective Date.--This section shall apply with respect
to trips taken on or after the date of the enactment of this
Act, except that this section does not apply with respect to
any trip which began prior to such date.
TITLE XI--CIVILIAN PERSONNEL MATTERS
SEC. 1101. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL
LIMITATION ON PREMIUM PAY AND AGGREGATE
LIMITATION ON PAY FOR FEDERAL CIVILIAN
EMPLOYEES WORKING OVERSEAS.
Effective January 1, 2014, section 1101(a) of the Duncan
Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110-417; 122 Stat. 4615), as most recently
amended by section 1101 of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat.
1973), is further amended by striking ``through 2013'' and
inserting ``through 2014''.
SEC. 1102. ONE-YEAR EXTENSION OF DISCRETIONARY AUTHORITY TO
GRANT ALLOWANCES, BENEFITS, AND GRATUITIES TO
PERSONNEL ON OFFICIAL DUTY IN A COMBAT ZONE.
Paragraph (2) of section 1603(a) of the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Hurricane Recovery, 2006 (Public Law 109-234;
120 Stat. 443), as added by section 1102 of the Duncan Hunter
National Defense Authorization Act for
[[Page H3433]]
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4616) and
most recently amended by section 1104 of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239;
125 Stat. 1973), is further amended by striking ``2014'' and
inserting ``2015''.
SEC. 1103. EXTENSION OF VOLUNTARY REDUCTION-IN-FORCE
AUTHORITY FOR CIVILIAN EMPLOYEES OF DEPARTMENT
OF DEFENSE.
Section 3502(f)(5) of title 5, United States Code, is
amended by striking ``September 30, 2014'' and inserting
``September 30, 2015''.
SEC. 1104. EXTENSION OF AUTHORITY TO MAKE LUMP-SUM SEVERANCE
PAYMENTS TO DEPARTMENT OF DEFENSE EMPLOYEES.
Section 5595(i)(4) of title 5, United States Code, is
amended by striking ``October 1, 2014'' and inserting
``October 1, 2018''.
SEC. 1105. REVISION TO AMOUNT OF FINANCIAL ASSISTANCE UNDER
DEPARTMENT OF DEFENSE SCIENCE, MATHEMATICS, AND
RESEARCH FOR TRANSFORMATION (SMART) DEFENSE
EDUCATION PROGRAM.
Paragraph (2) of section 2192a(b) of title 10, United
States Code, is amended by striking ``the amount determined''
and all that follows through ``room and board'' and inserting
``an amount determined by the Secretary of Defense''.
SEC. 1106. EXTENSION OF PROGRAM FOR EXCHANGE OF INFORMATION-
TECHNOLOGY PERSONNEL.
(a) In General.--Section 1110(d) of the National Defense
Authorization Act for Fiscal Year 2010 (5 U.S.C. 3702 note)
is amended by striking ``2013.'' and inserting ``2023.''.
(b) Reporting Requirement.--Section 1110(i) of such Act is
amended by striking ``2015,'' and inserting ``2024,''.
SEC. 1107. DEFENSE SCIENCE INITIATIVE FOR PERSONNEL.
(a) Statement of Policy.--It is the policy of the United
States to assure the scientific and technological preeminence
of its defense laboratories, which are essential to the
national security, by requiring the Department of Defense to
provide to its science and technology laboratories--
(1) the personnel and support services needed to carry out
their mission; and
(2) decentralized management authority.
(b) Establishment of Initiative.--There is hereby
established within the Department of Defense a program to be
known as the Defense Science Initiative for Personnel
(hereinafter in this section referred to as the
``Initiative'').
(c) Laboratories Covered by Initiative.--The laboratories
covered by the Initiative--
(1) shall be those designated as Science and Technology
Reinvention Laboratories (hereinafter in this section
referred to as ``STRLs'') by the Secretary or by paragraph
(2); and
(2) shall include the laboratories enumerated in section
1105 of the National Defense Authorization Act for Fiscal
Year 2010 (10 U.S.C. 2358 note), which laboratories are
hereby designated as STRLs.
(d) Science and Engineering Degreed and Technical Positions
at STRLs.--
(1) In general.--The director of any STRL may appoint
qualified candidates, without regard to sections 3309-3319 of
title 5, United States Code, directly to scientific,
technical, engineering, mathematical, or medical positions
within such STRL, on either a temporary, term, or permanent
basis.
(2) Qualified candidate defined.--Notwithstanding any
provision of chapter 51 of title 5, United States Code, for
purposes of this subsection, the term ``qualified candidate''
means an individual who is--
(A) a candidate who has earned a bachelor's or master's
degree;
(B) a student enrolled in a program of undergraduate or
graduate instruction leading to a bachelor's or master's
degree in a scientific, technical, engineering, mathematical,
or medical course of study at an institution of higher
education (as that term is defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001)); or
(C) a veteran, as defined in section 2108 of title 5,
United States Code, who served in the armed forces in an
engineering, scientific, or medical technician occupational
specialty.
(3) Rule of construction.--Any exercise of authority under
paragraph (1) shall be considered to satisfy section
2301(b)(1) of title 5, United States Code.
(e) Exclusion From Personnel Limitations, etc.--The
director of any STRL shall manage the workforce strength of
such STRL--
(1) without regard to any limitation on appointments or any
allocation of positions with respect to such STRL, subject to
paragraph (2); and
(2) in a manner consistent with the budget available with
respect to such STRL.
(f) Senior Executive Service Rotation Authority.--Section
3131 of title 5, United States Code, is amended--
(1) in paragraph (5), by striking ``mission;'' and
inserting ``mission, subject to paragraph (15);'';
(2) in paragraph (13), by striking ``and'' at the end;
(3) in paragraph (14), by striking the period and inserting
``; and''; and
(4) by adding at the end the following new paragraph:
``(15) permit the director of each Science and Technology
Reinvention Laboratory (as described in section 1107(c) of
the National Defense Authorization Act for Fiscal Year 2014)
to determine the duration of appointments for senior
executives (which shall in no event be less than 5 years),
consistent with carrying out the mission of that
laboratory.''.
(g) Senior Scientific Technical Managers.--
(1) Establishment.--There is hereby established in each
STRL a category of senior professional scientific positions,
the incumbents of which shall be designated as ``senior
scientific technical managers'' and which shall be positions
classified above GS-15 of the General Schedule pursuant to
section 5108 of title 5, United States Code. The primary
functions of such positions shall be--
(A) to engage in research and development in the physical,
biological, medical, or engineering sciences, or another
field closely related to the mission of such STRL; and
(B) to carry out technical supervisory responsibilities.
(2) Appointments.--The positions described in paragraph (1)
may be filled, and shall be managed, by the director of the
STRL involved, under criteria established pursuant to section
342(b) of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 2721), relating to
personnel demonstration projects at laboratories of the
Department of Defense, except that the director of the
laboratory involved shall determine the number of such
positions at such laboratory, not to exceed 3 percent of the
number of scientists and engineers (determined on a full-time
equivalent basis) employed at such laboratory at the end of
the fiscal year prior to the fiscal year in which any
appointments subject to that numerical limitation are made.
(h) Selection and Compensation of Specially-qualified
Scientific and Professional Personnel.--Section 3104 of title
5, United States Code, is amended by adding at the end the
following new subsection:
``(d) In addition to the number of positions authorized by
subsection (a), the director of each Science and Technology
Reinvention Laboratory (as described in section 1107(c) of
the National Defense Authorization Act for Fiscal Year 2014),
may establish, without regard to the second sentence of
subsection (a), such number of scientific or professional
positions as may be necessary to carry out the research and
development functions of the laboratory and which require the
services of specially-qualified personnel. The selection
process governing appointments made under this subsection
shall be determined by the director of the laboratory
involved, and the rate of basic pay for the employee holding
any such position shall be set by the laboratory director at
a rate not to exceed the rate for level II of the Executive
Schedule.''.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
SEC. 1201. MODIFICATION AND EXTENSION OF AUTHORITIES RELATING
TO PROGRAM TO BUILD THE CAPACITY OF FOREIGN
MILITARY FORCES.
(a) Authority.--Subsection (a) of section 1206 of the
National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 119 Stat. 3456), as most recently
amended by section 1206 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417;
122 Stat. 4625), is further amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``or'' at the end;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following new subparagraph:
``(C) support the theater security priorities of a
Geographic Combatant Commander.''; and
(2) by adding at the end the following new paragraph:
``(3) To build the capacity of a foreign country's security
forces to conduct counterterrorism operations.''.
(b) Annual Funding Limitation.--Subsection (c)(1) of
section 1206 of the National Defense Authorization Act for
Fiscal Year 2006, as so amended, is further amended by
striking ``$350,000,000'' and inserting ``$425,000,000''.
(c) Notification of Planning and Execution of Funds.--
Subsection (e) of section 1206 of the National Defense
Authorization Act for Fiscal Year 2006, as most recently
amended by section 1201 of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat.
1979), is further amended--
(1) by redesignating paragraph (3) as paragraph (4);
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Notification of planning and execution of funds.--In
the budget materials submitted to the President by the
Secretary of Defense in connection with the submission to
Congress, pursuant to section 1105 of title 31, United States
Code, of the budget for fiscal year 2016, and each subsequent
fiscal year, the Secretary of Defense shall include the
following:
``(A) For programs to be conducted or supported under
subsection (a) (other than subsection (a)(1)(C)) for such
fiscal year, a description of the proposed planning and
execution of not less than 50 percent of the total amount of
funds to be made available for such programs.
``(B) For programs to be conducted or supported under
subsection (a)(1)(C) for such fiscal year, a description of
the proposed planning and execution of 100 percent of the
total amount of funds to be made available for such
programs.''; and
(3) in subparagraph (B) of paragraph (4), as so
redesignated, by striking ``Committee on International
Relations'' and inserting ``Committee on Foreign Affairs''.
(d) Termination of Program.--Subsection (g) of the National
Defense Authorization Act for Fiscal Year 2006, as most
recently amended by section 1201 of the National Defense
Authorization Act for Fiscal Year 2013, is further amended by
striking ``2014'' each place it appears and inserting
``2016''.
[[Page H3434]]
(e) Repeal of Authority to Build the Capacity of Certain
Counterterrorism Forces in Yemen and East Africa.--Section
1203 of the National Defense Authorization Act for Fiscal
Year 2013 (Public Law 112-239; 126 Stat. 1980) is hereby
repealed.
SEC. 1202. THREE-YEAR EXTENSION OF AUTHORIZATION FOR NON-
CONVENTIONAL ASSISTED RECOVERY CAPABILITIES.
Section 943(h) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417;
122 Stat. 4579), as amended by section 1205(g) of the
National Defense Authorization Act for Fiscal Year 2012
(Public Law 112-81; 125 Stat. 1624), is further amended by
striking ``2013'' and inserting ``2016''.
SEC. 1203. GLOBAL SECURITY CONTINGENCY FUND.
(a) Authority.--Subsection (b) of section 1207 of the
National Defense Authorization Act for Fiscal Year 2012
(Public Law 112-81; 125 Stat. 1625; 22 U.S.C. 2151 note) is
amended--
(1) in the matter preceding paragraph (1), by inserting
``or regions'' after ``countries''; and
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``and other national security forces'' and inserting ``or
other national security forces''; and
(B) in subparagraph (A)--
(i) by striking ``and counterterrorism operations'' and
inserting ``or counterterrorism operations''; and
(ii) by striking ``and'' at the end and inserting ``or''.
(b) Notices to Congress.--Subsection (l) of such section is
amended to read as follows:
``(l) Notices to Congress.--Not less than 30 days before
initiating an activity under a program of assistance under
subsection (b), the Secretary of State and the Secretary of
Defense shall jointly submit to the specified congressional
committees a notification that includes the following:
``(1) A request for the transfer of funds into the Fund
under subsection (f) or any other authority, including the
original source of the funds.
``(2) A detailed justification for the total anticipated
program plan for each country to include total anticipated
costs and the specific activities contained therein.
``(3) The budget, execution plan and timeline, and
anticipated completion date for the activity.
``(4) A list of other security-related assistance or
justice sector and stabilization assistance that the United
States is currently providing the country concerned and that
is related to or supported by the activity.
``(5) Such other information relating to the program or
activity as the Secretary of State or Secretary of Defense
considers appropriate.''.
(c) Transitional Authorities; Annual Reports; Guidance and
Processes for Exercise of Authority.--Such section, as so
amended, is further amended--
(1) by striking subsection (n);
(2) by redesignating subsection (m) as subsection (n); and
(3) by inserting after subsection (l), as so amended, the
following new subsection:
``(m) Guidance and Processes for Exercise of Authority.--
The Secretary of State and the Secretary of Defense shall
jointly submit a report to the specified congressional
committees 15 days after the date on which the necessary
guidance has been issued and processes for implementation of
the authority in subsection (b). The Secretary of State and
Secretary of Defense shall jointly submit additional reports
not later than 15 days after the date on which any future
modifications to the guidance and processes for
implementation of the authority in subsection (b) are
issued.''.
(d) Funding.--Subsection (o) of such section is amended by
striking ``(o) Funding.--'' and all that follows through
``(2) fiscal years 2013 and after.--'' and inserting ``(o)
Funding.--''.
SEC. 1204. CODIFICATION OF NATIONAL GUARD STATE PARTNERSHIP
PROGRAM.
(a) State Partnership Program.--
(1) In general.--Chapter 1 of title 32, United States Code,
is amended by adding at the end the following new section:
``Sec. 116. State Partnership Program
``(a) Purposes of Program.--The purposes of the State
Partnership Program of the National Guard are the following:
``(1) To support the objectives of the commander of the
combatant command for the theater of operations in which such
contacts and activities are conducted.
``(2) To support the objectives of the United States chief
of mission of the partner nation with which contacts and
activities are conducted.
``(3) To build international partnerships and defense and
security capacity.
``(4) To strengthen cooperation between the departments and
agencies of the United States Government and agencies of
foreign governments to support building of defense and
security capacity.
``(5) To facilitate intergovernmental collaboration between
the United States Government and foreign governments in the
areas of defense and security.
``(6) To facilitate and enhance the exchange of information
between the United States Government and foreign governments
on matters relating to defense and security.
``(b) Availability of Appropriated Funds for Program.--(1)
Funds appropriated to the Department of Defense, including
funds appropriated for the Air and Army National Guard, shall
be available for the payment of costs incurred by the
National Guard to conduct activities under the State
Partnership Program, whether those costs are incurred inside
or outside the United States.
``(2) Costs incurred by the National Guard and covered
under paragraph (1) may include the following:
``(A) Costs of pay and allowances of members of the
National Guard.
``(B) Travel and necessary expenses of United States
personnel outside of the Department of Defense in support of
the State Partnership Program.
``(C) Travel and necessary expenses of foreign participants
directly supporting activities under the State Partnership
Program.
``(c) Limitations on Use of Funds.--(1) Funds shall not be
available under subsection (b) for activities conducted in a
foreign country unless jointly approved by--
``(A) the commander of the combatant command concerned; and
``(B) the chief of mission concerned, with the concurrence
of the Secretary of State.
``(2) Funds shall not be available under subsection (b) for
the participation of a member of the National Guard in
activities in a foreign country unless the member is on
active duty in the armed forces at the time of such
participation.
``(3) Funds shall not be available under subsection (b) for
interagency activities involving United States civilian
personnel or foreign civilian personnel unless the
participation of such personnel in such activities--
``(A) contributes to responsible management of defense
resources;
``(B) fosters greater respect for and understanding of the
principle of civilian control of the military;
``(C) contributes to cooperation between the United States
armed forces and civilian governmental agencies and foreign
military and civilian government agencies; or
``(D) improves international partnerships and capacity on
matters relating to defense and security.
``(d) Reimbursement.--(1) In the event of the participation
of United States Government participants (other than
personnel of the Department of Defense) in activities for
which payment is made under subsection (b), the head of the
department or agency concerned shall reimburse the Secretary
of Defense for the costs associated with the participation of
such personnel in such contacts and activities.
``(2) Amounts received under paragraph (1) shall be
deposited in the appropriation or account from which amounts
for the payment concerned were derived. Any amounts so
deposited shall be merged with amounts in such appropriation
or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in
such appropriation or account.
``(e) Definitions.--In this section:
``(1) The term `State Partnership Program' means a program
that establishes a defense and security relationship between
the National Guard of a State or territory and the military
and security forces, and related disaster management,
emergency response, and security ministries, of a foreign
country.
``(2) The term `activities', for purposes of the State
Partnership Program, means any military-to-military
activities or interagency activities for a purpose set forth
in subsection (a)(1).
``(3) The term `interagency activities' means the
following:
``(A) Contacts between members of the National Guard and
foreign civilian personnel outside the ministry of defense of
the foreign country concerned on a matter within the core
competencies of the National Guard.
``(B) Contacts between United States civilian personnel and
members of the military and security forces of a foreign
country or foreign civilian personnel on a matter within the
core competencies of the National Guard.
``(4) The term `matter within the core competencies of the
National Guard' means matters with respect to the following:
``(A) Disaster response and mitigation.
``(B) Defense support to civil authorities.
``(C) Consequence management and installation protection.
``(D) Response to a chemical, biological, radiological,
nuclear, or explosives (CBRNE) event.
``(E) Border and port security and cooperation with
civilian law enforcement.
``(F) Search and rescue.
``(G) Medicine.
``(H) Counter-drug and counter-narcotics activities.
``(I) Public affairs.
``(J) Employer support and family support for reserve
forces.
``(5) The term `United States civilian personnel' means the
following:
``(A) Personnel of the United States Government (including
personnel of departments and agencies of the United States
Government other than the Department of Defense) and
personnel of State and local governments of the United
States.
``(B) Members and employees of the legislative branch of
the United States Government.
``(C) Non-governmental individuals.
``(6) The term `foreign civilian personnel' means the
following:
``(A) Civilian personnel of a foreign government at any
level (including personnel of ministries other than
ministries of defense).
``(B) Non-governmental individuals of a foreign country.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 1 of such title is amended by adding at
the end the following new item:
``116. State Partnership Program.''.
(b) Repeal of Superseded Authority.--Section 1210 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2517; 32 U.S.C. 107 note) is
repealed.
[[Page H3435]]
SEC. 1205. AUTHORITY TO CONDUCT ACTIVITIES TO ENHANCE THE
CAPABILITY OF CERTAIN FOREIGN COUNTRIES TO
RESPOND TO INCIDENTS INVOLVING WEAPONS OF MASS
DESTRUCTION IN SYRIA AND THE REGION.
(a) Authority.--The Secretary of Defense, with the
concurrence of the Secretary of State, may provide assistance
to the military and civilian response organizations of
Jordan, Kuwait, Bahrain, the United Arab Emirates, Iraq,
Turkey, and other countries in the region of Syria in order
for such countries to respond effectively to incidents
involving weapons of mass destruction in Syria and the
region.
(b) Authorized Elements.--Assistance provided under this
section may include training, equipment, and supplies.
(c) Availability of Funds for Activities Across Fiscal
Years.--The Secretary of Defense may use up to $4,000,000 of
the funds made available to the Department of Defense for
operation and maintenance for a fiscal year to carry out the
program authorized in subsection (a) and may provide
assistance under such program that begins in that fiscal year
but ends in the next fiscal year.
(d) Report.--Not later than 60 days after the date on which
the authority of subsection (a) is first exercised, and
annually thereafter through December 31, 2015, the Secretary
of Defense, in coordination with the Secretary of State,
shall submit to the congressional defense committees and the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
an annual report to include at least the following:
(1) A detailed description by country of assistance
provided.
(2) An overview of how such assistance fits into, and is
coordinated with, other United States efforts to build the
capability and capacity of countries in the region of Syria
to counter the threat of weapons of mass destruction in Syria
and the region.
(3) A listing of equipment and supplies provided to
countries in the region of Syria.
(4) Any other matters the Secretary of Defense and the
Secretary of State determine appropriate.
(e) Expiration.--The authority provided under subsection
(a) may not be exercised after September 30, 2015.
SEC. 1206. ONE-YEAR EXTENSION OF AUTHORITY TO SUPPORT FOREIGN
FORCES PARTICIPATING IN OPERATIONS TO DISARM
THE LORD'S RESISTANCE ARMY.
(a) Funding.--Subsection (c)(1) of section 1206 of the
National Defense Authorization Act for Fiscal Year 2012
(Public Law 112-81; 125 Stat. 1624) is amended--
(1) by striking ``fiscal years 2012 and 2013'' and
inserting ``fiscal years 2012, 2013, and 2014''; and
(2) by striking ``for operation and maintenance'' and
inserting ``to provide additional operation and maintenance
funds for overseas contingency operations being carried out
by the Armed Forces as specified in the funding table in
section 4302''.
(b) Expiration.--Subsection (h) of such section is amended
by striking ``September 30, 2013'' and inserting ``September
30, 2014''.
Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan
SEC. 1211. ONE-YEAR EXTENSION AND MODIFICATION OF AUTHORITY
FOR REIMBURSEMENT OF CERTAIN COALITION NATIONS
FOR SUPPORT PROVIDED TO UNITED STATES MILITARY
OPERATIONS.
(a) Extension of Authority.--Subsection (a) of section 1233
of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 393), as most recently
amended by section 1227 of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat.
2000), is further amended by striking ``for fiscal year
2013'' and inserting ``for fiscal year 2014''.
(b) Limitation on Amounts Available.--Subsection (d) of
such section, as so amended, is further amended--
(1) in paragraph (1), by striking ``during fiscal year 2013
may not exceed $1,650,000,000'' and inserting ``during fiscal
year 2014 may not exceed $1,500,000,000''; and
(2) in paragraph (3), by striking ``Fiscal Year 2013'' and
inserting ``Fiscal Year 2014''.
(c) Limitation on Reimbursement of Pakistan in Fiscal Year
2014 Pending Certification on Pakistan.--
(1) In general.--Effective as of the date of the enactment
of this Act, no amounts authorized to be appropriated by this
Act, and no amounts authorized to be appropriated for fiscal
years before fiscal year 2014 that remain available for
obligation, may be used for reimbursements of Pakistan under
the authority in subsection (a) of section 1233 of the
National Defense Authorization Act for Fiscal Year 2008, as
amended by this section, until the Secretary of Defense
certifies to the congressional defense committees each of the
following:
(A) That Pakistan is maintaining security and is not
through its actions or inactions at any level of government
limiting or otherwise restricting the movement of United
States equipment and supplies along the Ground Lines of
Communications (GLOCs) through Pakistan to Afghanistan so
that such equipment and supplies can be transshipped and such
equipment and supplies can be retrograded out of Afghanistan.
(B) That Pakistan is taking demonstrable steps to--
(i) support counterterrorism operations against al Qaeda,
Tehrik-i-Taliban Pakistan, and other militant extremists
groups such as the Haqqani Network and the Quetta Shura
Taliban located in Pakistan;
(ii) disrupt the conduct of cross-border attacks against
United States, coalition, and Afghanistan security forces
located in Afghanistan by such groups (including the Haqqani
Network and the Quetta Shura Taliban) from bases in Pakistan;
(iii) counter the threat of improvised explosive devices,
including efforts to attack improvised explosive device
networks, monitor known precursors used in improvised
explosive devices, and systematically address the misuse of
explosive materials (including calcium ammonium nitrate) and
accessories and their supply to legitimate end-users in a
manner that impedes the flow of improvised explosive devices
and improvised explosive device components into Afghanistan;
and
(iv) conduct cross-border coordination and communication
with Afghan security forces and United States Armed Forces in
Afghanistan.
(2) Waiver authority.--The Secretary of Defense may waive
the limitation in paragraph (1) if the Secretary certifies to
the congressional defense committees in writing that the
waiver is in the national security interests of the United
States and includes with such certification a justification
for the waiver.
SEC. 1212. ONE-YEAR EXTENSION OF AUTHORITY TO USE FUNDS FOR
REINTEGRATION ACTIVITIES IN AFGHANISTAN.
Section 1216 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383;
124 Stat. 4392), as most recently amended by section 1218 of
the National Defense Authorization Act for Fiscal Year 2013
(Public Law 112-239; 126 Stat. 1990), is further amended--
(1) in subsection (a)--
(A) by striking ``$35,000,000'' and inserting
``$25,000,000''; and
(B) by striking ``for fiscal year 2013'' and inserting
``for fiscal year 2014''; and
(2) in subsection (e), by striking ``December 31, 2013''
and inserting ``December 31, 2014''.
SEC. 1213. EXTENSION OF COMMANDERS' EMERGENCY RESPONSE
PROGRAM IN AFGHANISTAN.
(a) One Year Extension.--
(1) In general.--Section 1201 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81;
125 Stat. 1619), as amended by section 1221 of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law
112-239; 126 Stat. 1992), is amended by striking ``fiscal
year 2013'' each place it appears and inserting ``fiscal year
2014''.
(2) Conforming amendment.--The heading of subsection (a) of
such section is amended by striking ``Fiscal Year 2013'' and
inserting ``Fiscal Year 2014''.
(b) Amount of Funds Available During Fiscal Year 2014.--
Subsection (a) of such section is further amended by striking
``$200,000,000'' and inserting ``$60,000,000''.
SEC. 1214. EXTENSION OF AUTHORITY TO SUPPORT OPERATIONS AND
ACTIVITIES OF THE OFFICE OF SECURITY
COOPERATION IN IRAQ.
(a) Limitation on Amount.--Subsection (c) of section 1215
of the National Defense Authorization Act for Fiscal Year
2012 (Public Law 112-81; 125 Stat. 1631), as amended by
section 1211 of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1982), is
further amended by striking ``fiscal year 2012'' and all that
follows and inserting ``fiscal year 2014 may not exceed
$209,000,000.''.
(b) Source of Funds.--Subsection (d) of such section, as so
amended, is further amended--
(1) by striking ``fiscal year 2012 or fiscal year 2013''
and inserting ``fiscal year 2014''; and
(2) by striking ``fiscal year 2012 or 2013, as the case may
be,'' and inserting ``that fiscal year''.
(c) Additional Authority for the Activities of the Office
of Security Cooperation in Iraq.--Subsection (f) of such
section, as so amended, is further amended--
(1) by striking ``fiscal year 2013'' and inserting ``fiscal
year 2014''; and
(2) by striking ``and Counter Terrorism Service''.
SEC. 1215. ONE-YEAR EXTENSION AND MODIFICATION OF AUTHORITY
FOR PROGRAM TO DEVELOP AND CARRY OUT
INFRASTRUCTURE PROJECTS IN AFGHANISTAN.
Section 1217(f) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383;
124 Stat. 4393), as most recently amended by section 1219 of
the National Defense Authorization Act for Fiscal Year 2013
(Public Law 112-239; 126 Stat. 1991), is further amended--
(1) in paragraph (1), by adding at the end the following
new subparagraph:
``(C) Up to $279,000,000 made available to the Department
of Defense for operation and maintenance for fiscal year
2014.'';
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``fiscal year 2011'' and inserting ``fiscal
year 2013''; and
(ii) by inserting ``, or phase of a project,'' after ``each
project'';
(B) by redesignating subparagraph (C) as subparagraph (D);
and
(C) by inserting after subparagraph (B) the following new
subparagraph:
``(C) An assessment of the capability of the Afghan
National Security Forces (ANSF) to provide security for such
project after January 1, 2015, including ANSF force levels
required to secure the project. Such assessment should
include the estimated costs of providing security and whether
or not the Government of Afghanistan is committed to
providing such security.''; and
(3) in paragraph (3), by adding at the end the following
new subparagraph:
``(D) In the case of funds for fiscal year 2014, until
September 30, 2015.''.
[[Page H3436]]
SEC. 1216. SPECIAL IMMIGRANT VISAS FOR CERTAIN IRAQI AND
AFGHAN ALLIES.
(a) Protection for Afghan Allies.--Section 602(b) of the
Afghan Allies Protection Act of 2009 (8 U.S.C.1101 note) is
amended--
(1) in paragraph (2)(A)(ii), by striking ``on or after
October 7, 2001,'' and inserting ``during the period
beginning on October 7, 2001, and ending on December 31,
2014,'';
(2) in paragraph (2)(D), by adding at the end the
following: ``A principal alien described in subparagraph (A)
seeking special immigrant status under this section shall
apply for an approval described in this subparagraph not
later than September 30, 2015.''; and
(3) in paragraph (3)(A), by striking ``2013.'' and
inserting ``2013, and may not exceed 435 for each of fiscal
years 2014, 2015, 2016, 2017, and 2018.''.
(b) Special Immigrant Status for Certain Iraqis.--Section
1244(a)(1) of the Refugee Crisis in Iraq Act of 2007 (8
U.S.C. 1157 note) is amended by striking the semicolon at the
end and inserting ``on or before the date of the enactment of
the National Defense Authorization Act for Fiscal Year
2014;''.
SEC. 1217. REQUIREMENT TO WITHHOLD DEPARTMENT OF DEFENSE
ASSISTANCE TO AFGHANISTAN IN AMOUNT EQUIVALENT
TO 100 PERCENT OF ALL TAXES ASSESSED BY
AFGHANISTAN TO EXTENT SUCH TAXES ARE NOT
REIMBURSED BY AFGHANISTAN.
(a) Requirement to Withhold Assistance to Afghanistan.--An
amount equivalent to 100 percent of the total taxes assessed
during fiscal year 2013 by the Government of Afghanistan on
all Department of Defense assistance shall be withheld by the
Secretary of Defense from obligation from funds appropriated
for such assistance for fiscal year 2014 to the extent that
the Secretary of Defense certifies and reports in writing to
the Committees on Armed Services of the Senate and the House
of Representatives that such taxes have not been reimbursed
by the Government of Afghanistan to the Department of Defense
or the grantee, contractor, or subcontractor concerned.
(b) Waiver Authority.--The Secretary of Defense may waive
the requirement in subsection (a) if the Secretary determines
that such a waiver is necessary to achieve United States
goals in Afghanistan.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report on the total taxes assessed
during fiscal year 2013 by the Government of Afghanistan on
all Department of Defense assistance.
(d) Department of Defense Assistance Defined.--In this
section, the term ``Department of Defense assistance'' means
funds provided during fiscal year 2013 to Afghanistan by the
Department of Defense, either directly or through grantees,
contractors, or subcontractors.
Subtitle C--Matters Relating to Afghanistan Post 2014
SEC. 1221. MODIFICATION OF REPORT ON PROGRESS TOWARD SECURITY
AND STABILITY IN AFGHANISTAN.
(a) In General.--Section 1230 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181;
122 Stat. 385), as most recently amended by section 1214(a)
of the National Defense Authorization Act for Fiscal Year
2013 (Public Law 112-239; 126 Stat. 1986), is further
amended--
(1) by redesignating subsections (f), (g), and (h) as
subsections (g), (h), and (i), respectively; and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Matters to Be Included: Redeployment of United States
Armed Forces From Afghanistan.--The report required under
subsection (a) shall include a detailed description of the
following matters relating to the redeployment of United
States Armed Forces from Afghanistan:
``(1) The number and a description of United States Armed
Forces redeployed, vehicles and equipment redeployed, and
bases closed during the reporting period.
``(2) A summary of tasks and functions conducted by the
United States Armed Forces or the Department of Defense that
have been transferred to other United States Government
departments and agencies, Afghan Government ministries and
agencies, other foreign governments, or nongovernmental
organizations, or discontinued during the reporting period.
The summary shall include a discussion of the formal and
informal arrangements and working groups that have been
established to coordinate and execute the transfer of such
tasks and functions.''.
(b) Effective Date.--The amendments made this section apply
with respect to any report required to be submitted under
section 1230 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 385) on or
after the date of the enactment of this Act.
SEC. 1222. SENSE OF CONGRESS ON UNITED STATES MILITARY
SUPPORT IN AFGHANISTAN.
It is the sense of Congress that--
(1) since the United States engagement in Afghanistan
beginning in 2001, United States and coalition forces have
achieved substantial progress toward security and stability
in Afghanistan, including the training of the Afghan National
Security Forces;
(2) a stable and secure Afghanistan with a credible
government is in the long-term national security interests of
the United States and would contribute to the overall
stability and security in the region;
(3) as the United States accelerates transfer of the lead
for security to the Afghan National Security Forces by the
spring of 2013, the United States should assist the Afghan
National Security Forces to maintain gains in security and
should continue to evaluate the capability and capacity of
the Afghan National Security Forces through the fighting
season in 2013;
(4) following the duration of the North Atlantic Treaty
Organization (NATO) mission on December 31, 2014, the United
States should continue efforts to disrupt, dismantle, and
defeat al Qaeda;
(5) the Haqqani Network continues to be the most important
enabler of al Qaeda in Afghanistan and Pakistan;
(6) the operational requirements of the Afghan National
Security Forces, in part due to the threat to the Government
of Afghanistan from the Haqqani Network, al Qaeda, and other
associated groups, necessitate that the Afghan Security
National Forces have sufficient operational capacity to
maintain the security of Afghanistan, including enabler
capabilities such as aviation, casualty evacuation,
logistics, intelligence, and indirect fire;
(7) the United States, with its Afghan partners, should
provide assistance to the Government of Afghanistan so that
the Taliban, the Haqqani Network, and associated terrorist
and insurgent groups cannot militarily overthrow the
Government of Afghanistan or plan and launch attacks against
United States and Afghan interests from safe havens in
Afghanistan;
(8) the United States military's transition to
counterterrorism and advise and assist missions should occur
consistent with agreements between the United States,
Afghanistan, and international partners as well as conditions
on the ground;
(9) a bilateral security agreement that preserves vital
United States interests between the United States and the
Government of Afghanistan, achieved at the earliest
practicable time, is critical to the long-term stability of
Afghanistan as well as United States' long term interests;
however, the United States should not sign a bilateral
security agreement that is antithetical to United States
national security interests or commits to funding not
directly linked to achieving those interests;
(10) the United States should support the achievement of a
bilateral security agreement between NATO and the Government
of Afghanistan because such a bilateral security agreement
also will contribute to the long term stability and security
of Afghanistan;
(11) the United States should conduct the required
oversight and audits of United States stability programs to
ensure that the activities are in line with the intended
purpose of these programs;
(12) the United States should assist the Government of
Afghanistan to provide security for the Afghan elections
scheduled for 2014 and provide such assistance as requested
by Afghan Government entities overseeing the elections and
judged necessary by the United States to help guarantee a
credible and legitimate election; and
(13) significant uncertainty exists within Afghanistan
regarding the level of future United States military support
following the end of the NATO mission on December 31, 2014,
and therefore in order to reduce such uncertainty and promote
further stability and security in Afghanistan following the
end of the NATO mission, the President should--
(A) publicly support a residual United States military
presence in Afghanistan consistent with United States
national security interests;
(B) as part of the announcement of residual force levels,
publicly define the mission sets and the support that the
United States will provide to the Afghan National Security
Forces; and
(C) publicly support sufficient funding for the Afghan
National Security Forces until the Government of Afghanistan
is able to independently sustain the security of Afghanistan
consistent with United States national security interests.
SEC. 1223. DEFENSE INTELLIGENCE PLAN.
(a) Plan Required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees, the Permanent
Select Committee on Intelligence of the House of
Representatives, and the Select Committee on Intelligence of
the Senate a Department of Defense plan regarding covered
defense intelligence assets in relation to the drawdown of
the United States Armed Forces in Afghanistan. Such plan
shall include--
(1) a description of the covered defense intelligence
assets;
(2) a description of any such assets to remain in
Afghanistan after December 31, 2014, to continue to support
military operations;
(3) a description of any such assets that will be or have
been reallocated to other locations outside of the United
States in support of the Department of Defense;
(4) the defense intelligence priorities that will be or
have been addressed with the reallocation of such assets from
Afghanistan;
(5) the necessary logistics, operations, and maintenance
plans to operate in the locations where such assets will be
or have been reallocated, including personnel, basing, and
any host country agreements; and
(6) a description of any such assets that will be or have
been returned to the United States.
(b) Covered Defense Intelligence Assets Defined.--In this
section, the term ``covered defense intelligence assets''
means Department of Defense intelligence assets and personnel
supporting military operations in Afghanistan at any time
during the one-year period ending on the date of the
enactment of this Act.
SEC. 1224. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN
AUTHORITIES FOR AFGHANISTAN.
(a) Reintegration Activities and Infrastructure Projects in
Afghanistan.--
(1) In general.--None of the funds authorized to be
appropriated by this Act may be obligated or expended to
carry out the provisions of
[[Page H3437]]
law described in paragraph (2) until 15 days after the date
on which the Secretary of Defense submits to the specified
congressional committees the certification described in
subsection (d).
(2) Provisions of law.--The provisions of law referred to
in paragraph (1) are the following:
(A) Section 1216 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383;
124 Stat. 4392; relating to authority to use funds for
reintegration activities in Afghanistan).
(B) Section 1217 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383;
124 Stat. 4393; relating to authority for program to develop
and carry out infrastructure projects in Afghanistan).
(b) Commanders' Emergency Response Program in
Afghanistan.--Of the funds authorized to be appropriated by
this Act to carry out section 1201 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81;
125 Stat. 1619; relating to the Commanders' Emergency
Response Program in Afghanistan), $45,000,000 may not be
obligated or expended until 15 days after the date on which
the Secretary of Defense submits to the specified
congressional committees the certification described in
subsection (d).
(c) Afghanistan Security Forces Fund.--Of the funds
authorized to be appropriated by this Act for the Afghanistan
Security Forces Fund, $2,615,000,000 may not be obligated or
expended until 15 days after the date on which the Secretary
of Defense submits to the specified congressional committees
the certification described in subsection (d).
(d) Certification Described.--The certification referred to
in subsections (a), (b), and (c) is a certification of the
Secretary of Defense, in consultation with the Secretary of
State, that the United States and Afghanistan have signed a
bilateral security agreement that--
(1) protects the Department of Defense, its military and
civilian personnel, and contractors from liability to pay any
tax, or similar charge, associated with efforts to carry out
missions in the territory of Afghanistan that have been
agreed to by both the Government of the United States and the
Government of Afghanistan;
(2) ensures exclusive jurisdiction for the United States
over United States Armed Forces located in Afghanistan;
(3) ensures that there is no infringement on the right of
self-defense of the United States military mission or United
States military personnel in Afghanistan;
(4) ensures that the United States military in Afghanistan
is permitted to take the efforts deemed necessary to protect
other United States Government offices and personnel in
Afghanistan as may be required;
(5) ensures that the United States military mission in
Afghanistan has sufficient access to bases and basing rights
as may be necessary to carry out the activities in
Afghanistan that the President has assigned to the military;
and
(6) ensures that the United States has the freedom of
movement to carry out those military missions as may be
required to continue the effort to defeat al Qaeda and its
associated forces.
(e) Specified Congressional Committees.--In this section,
the term ``specified congressional committees'' means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
Subtitle D--Matters Relating to Iran
SEC. 1231. REPORT ON UNITED STATES MILITARY PARTNERSHIP WITH
GULF COOPERATION COUNCIL COUNTRIES.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
the United States military partnership with Gulf Cooperation
Council countries.
(b) Matters to Be Included.--The report required by
subsection (a) shall include the following:
(1) An explanation of the steps that the Department of
Defense is taking to improve the interoperability of United
States-Gulf Cooperation Council countries missile defense
systems.
(2) An outline of the defense agreements with Gulf
Cooperation Council countries, including caveats and
restrictions on United States operations.
(3) An outline of United States efforts in Gulf Cooperation
Council countries that are funded by overseas contingency
operations funding, an explanation of overseas contingency
operations funding for such efforts, and a plan to transition
overseas contingency operations funding for such efforts to
long-term, sustainable funding sources.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may contain a classified
annex, if necessary.
SEC. 1232. ADDITIONAL ELEMENTS IN ANNUAL REPORT ON MILITARY
POWER OF IRAN.
(a) In General.--Section 1245(b)(3) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 2542) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following new subparagraphs:
``(E) a description of the strategy and structure of the
global Iranian Threat Network and an assessment of the
capability of such Network and how such Network operates to
reinforce Iran's grand strategy; and
``(F) a description of the gaps in intelligence of the
Department of Defense with respect to Iran and a
prioritization of those gaps in intelligence by operational
need.''.
(b) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act
and shall apply with respect to reports required to be
submitted under section 1245 of the National Defense
Authorization Act for Fiscal Year 2010, as so amended, on or
after that date.
SEC. 1233. SENSE OF CONGRESS ON THE DEFENSE OF THE ARABIAN
GULF.
(a) Findings.--Congress finds the following:
(1) In response to U.S. Central Command requirements, the
United States Navy has maintained, on average, more than one
aircraft carrier in the Arabian Gulf for more than five
years.
(2) In February 2013, the senior leadership of the
Department of Defense elected to reduce the number of
aircraft carriers deployed to the Arabian Gulf in light of
budget constraints and limitation of the overall carrier
force structure to support the two aircraft carrier
requirement.
(3) In reference to the decision to indefinitely delay the
deployment of the USS Harry Truman, CVN 75, and the USS
Gettysburg, its cruiser escort, Chairman of the Joint Chiefs,
General Martin Dempsey stated, ``We're trying to stretch our
readiness out by keeping this particular carrier in homeport
in our global response force, so if something happens
elsewhere in the world, we can respond to it. Had we deployed
it and `consumed' that readiness, we could have created a
situation where downstream we wouldn't have a carrier present
in certain parts of the world at all.''.
(4) Highlighting the risks of having only one aircraft
carrier in the region and relying on land-based aircraft,
General Dempsey stated, ``When you have carrier-based
aircraft, you have complete autonomy and control over when
you use them. When you use land-based aircraft, you often
have to have host-nation permission to use them.''.
(5) Addressing the perception of the United States
commitment to the region, General James Mattis, Commander of
U.S. Central Command, testified in March 2013, ``Perhaps the
greatest risk to U.S. interests in the region is a perceived
lack of an enduring U.S. commitment to collective interests
and the security of our regional partners.''. He went on to
testify that, ``The drawdown of our forces can be
misinterpreted as a lack of attention, a lack of commitment
to the region.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) maintaining only one aircraft carrier battle group in
the Arabian Gulf constrains United States' options and could
put at risk the ability to have diversified platforms from
which to defend the Arabian Gulf and, if necessary, to
conduct military operations to prevent Iran from threatening
the United States, United States allies, or Iran's neighbors
with nuclear weapons;
(2) it is in the interests of the United States to maintain
both land-based and sea-based capabilities in the region to
project force;
(3) land-based locations in the region could restrict
United States military options and critically impact the
operational capability if required to conduct a defense of
the Arabian Gulf because the United States has not finalized
bilateral security agreements with key Gulf Cooperation
Council countries;
(4) as a result of these and other critical limitations
associated with maintaining one aircraft carrier battle group
in the Arabian Gulf, United States military commanders have
expressed concerns about the operational constraints, the
increasing uncertainty among United States allies, and the
emboldening of potential adversaries such as Iran;
(5) regarding the ability of the United States Navy to
maintain a two aircraft carrier presence in the Arabian Gulf,
the Chief of Naval Operations, Admiral Jonathan Greenert,
stated, ``We need 11 carriers to do the job. That's been
pretty clearly written, and that's underwritten in our
defense strategic guidance.''.
(6) the United States should construct and sufficiently
sustain a fleet of at least eleven aircraft carriers and
associated battle force ships in order to meet current and
future requirements and to support at least a two aircraft
carrier battle group presence in the Arabian Gulf, in
addition to meeting other operational requirements; and
(7) the United States should finalize bilateral agreements
with key Gulf Cooperation Council countries that support the
Defense of the Arabian Gulf requirements, at the earliest
possible date.
Subtitle E--Reports and Other Matters
SEC. 1241. REPORT ON POSTURE AND READINESS OF UNITED STATES
ARMED FORCES TO RESPOND TO FUTURE TERRORIST
ATTACKS IN AFRICA AND THE MIDDLE EAST.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the terrorist attack in Benghazi, Libya on September
11, 2012, may have never occurred or could have been
prevented had there been an international stabilizing force
following NATO-led operations in order to help stabilize the
country, build capacity within the security forces, and
pursue terrorist groups that threaten the local government as
well as United States interests;
(2) the attack also highlighted the limitations of the
United States military to alert, deploy, and decisively
counter a no-notice terrorist attack such as the one in
Benghazi, or another security contingency, due to the
limitations stemming from United States military posture in
Africa and the Middle East and when there is a lack of a
layered defense at United States diplomatic facilities;
(3) the United States military is more effectively able to
respond to terrorist attacks on United States facilities
outside of the United States if the responding United States
military assets are forward deployed;
[[Page H3438]]
(4) when an intelligence threat assessment determines that
a United States facility overseas is vulnerable to attack,
such facility should have robust force protection measures
sufficient to safeguard personnel and assets until a United
States military response can arrive;
(5) the continually evolving terrorist threat to United
States interests on the Continent of Africa and the Middle
East necessitates that the United States military maintains a
forward deployed posture in Europe, Middle East, and Africa
in order to be able to respond to terrorist events, or other
security contingencies, and to effectively evacuate and
recover United States personnel;
(6) the United States military, in conjunction with the
Department of State and the intelligence community, should
continue to evaluate the assumptions underpinning the
terrorist threat in order to ensure that it is effectively
able to respond globally to future terrorist attacks;
(7) the United States military should regularly re-evaluate
the posture and alert status requirements of its crisis
response elements in order to be more responsive to the
evolving and global nature of the terrorist threat, and all
United States military crisis response elements should be
fully equipped with the required supporting capabilities to
conduct their missions;
(8) on April 16, 2013, Chairman of the Joint Chiefs of
Staff, General Martin Dempsey, testified before the House
Appropriations Committee that the military is, ``. .
.adapting our force posture to a new normal of combustible
violence in North Africa and in the Middle East'';
(9) The President stated in a press conference on May 16,
2013, ``I have directed the Defense Department to ensure that
our military can respond lightening quick in times of
crisis.'';
(10) the Chairman of the Joint Chiefs should continue to
evaluate the posture of United States forces to respond to
the global terrorist threat, including an evaluation of
whether United States Africa Command should have forces and
necessary equipment permanently assigned to the command to
respond more promptly to this ``new normal''; and
(11) although the Department of State-initiated
Accountability Review Board found that the Marine Security
Guard program should be expanded and that there should be
greater coordination between the Department of Defense and
the Department of State to identify additional resources for
security at high risk posts, the United States military may
be challenged to provide additional security to Department of
State facilities due to budget shortfalls, on-going force
structure constraints, and increasing operational
requirements for the Department of Defense.
(b) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Chairman of the Joint Chiefs of Staff,
shall submit to the appropriate congressional committees a
report on the posture and readiness of United States Armed
Forces to respond to future terrorist attacks in Africa and
the Middle East.
(2) Matters to be included.--The plan required under
paragraph (1) shall include, at a minimum, the following:
(A) An assessment of terrorist groups and other non-state
groups that threaten United States interests and facilities
in Africa, including a description of the key assumptions
underpinning such assessment.
(B) A description of the readiness, posture, and alert
status of relevant United States Armed Forces in Europe, the
Middle East, Africa, and the United States and any changes
implemented or planned to be implemented since the terrorist
attack in Benghazi, Libya on September 11, 2012, to respond
to the ``new normal'' and President Obama's directive for the
military to respond ``lightening quick'' in times of crisis.
(C) In consultation with the Secretary of State, a
description of new or modified requirements of the Department
of State, if any, for--
(i) United States Marine Security Guard Detachments;
(ii) any other Department of Defense assets to provide
enhanced security at Department of State facilities;
(iii) an explanation of how any new requirements for Marine
Security Detachments or other Department of Defense assets
affect the capacity of the Armed Forces, including
specifically the capacity of the Marine Corps, to fulfill
Department of Defense operational requirements; and
(iv) an explanation of how any unfulfilled requirements for
Marine Security Detachments would adversely impact security
at Department of State facilities.
(3) Definition.--In this subsection, the term ``appropriate
congressional committees'' means--
(A) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1242. ROLE OF THE GOVERNMENT OF EGYPT TO UNITED STATES
NATIONAL SECURITY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Egypt is undergoing a significant political transition
and the ultimate outcome of this political process and its
implications for United States national security interests
remain uncertain;
(2) the United States continues to have considerable
concerns about the intentions and actions of the Egyptian
Muslim Brotherhood and whether the government of President
Morsi is committed to a pluralistic, democratic Egypt;
(3) the United States has a stake in Egypt becoming a
mature, pluralistic democracy in which the rights of Egyptian
citizens, including women and minorities, are protected;
(4) the United States should continue to closely monitor
President Morsi's support for the peace treaty with the
Government of Israel, which has been a stabilizing force in
the region for over 30 years;
(5) the United States military relationship with the
Egyptian military is long-standing and should remain a key
pillar to, and component of, United States engagement with
Egypt;
(6) the close military-to-military relationship between the
United States and Egypt has been a critical component in
enabling counterterrorism cooperation between the two
governments to ensure the United States military has freedom
of movement throughout the region in order to deter
aggression and respond to threats to United States national
security interests, particularly in light of the security
situation in Libya and the Sinai;
(7) the Egyptian military has exercised restraint and
professionalism during the unrest in Egypt over the last two
years and hopefully will remain a key mechanism through which
the United States can support the people of Egypt in
achieving their goals for a representative and democratic
political system, while promoting peace and security in the
region; and
(8) therefore, with appropriate vetting, United States
military assistance and support to the Egyptian military
should continue, even as civilian aid to Egypt receives
greater scrutiny as a result of the uncertainty associated
with Egypt's current political leadership and economic
policies.
(b) Plan Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, shall submit to the
appropriate congressional committees a report that contains a
comprehensive plan for United States military assistance and
cooperation with Egypt.
(2) Matters to be included.--The plan required under
paragraph (1) shall include, at a minimum, a detailed
description of the following:
(A) How United States security assistance and cooperation
enables--
(i) freedom of movement for the United States military
throughout the region; and
(ii) the Government of Egypt to disrupt, dismantle, and
defeat al Qaeda, affiliated groups, and other terrorist
organizations, whether based in and operating from Egyptian
territory or the region.
(B) The capacity of the Government of Egypt to prevent the
illicit movement of terrorists, criminals, weapons, and other
dangerous material across Egypt's borders or administrative
boundaries, including through tunnels and other illicit
points of entry into Gaza.
(C) The extent to which the Egyptian military is--
(i) supporting the protection of the political, economic,
and religious freedoms and human rights of all citizens and
residents in Egypt;
(ii) supporting credible and legitimate elections in Egypt;
(iii) supporting the Egypt-Israel Peace Treaty;
(iv) taking effective steps to eliminate smuggling networks
and to detect and destroy tunnels between Egypt and Gaza; and
(v) supporting action to combat terrorism in the Sinai.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1243. SENSE OF CONGRESS ON THE MILITARY DEVELOPMENTS ON
THE KOREAN PENINSULA.
(a) Findings.--Congress finds the following:
(1) The Democratic People's Republic of Korea (``North
Korea'') has escalated regional tensions with hostile
rhetoric and provocative actions.
(2) North Korea threatened a nuclear attack on the United
States and a resumption of open war against the Republic of
Korea (``South Korea'').
(3) North Korea's nuclear weapons and ballistic missile
programs constitute a threat to the national security of the
United States and to regional stability.
(4) On April 14, 2009, North Korea halted negotiations
regarding its nuclear weapons program when it abandoned the
Six-Party Talks with the People's Republic of China
(``China''), Japan, the Russian Federation (``Russia''),
South Korea, and the United States.
(5) On May 25, 2009, North Korea detonated a nuclear device
in an underground explosive test.
(6) On March 26, 2010, North Korea sank a South Korean
naval vessel, the Cheonan, killing 46 South Korean sailors.
(7) On November 23, 2010, North Korea shelled the border
island of Yeonpyeong-do, killing four people. This was the
first direct artillery attack on South Korean territory since
the signing of the 1953 armistice.
(8) On April 13, 2012, North Korea conducted a rocket
launch that failed to send a satellite into orbit. This
launch violated United Nations Security Council (UNSC)
Resolutions 1718 and 1874.
(9) On December 12, 2012, North Korea used banned long-
range missile technology to launch an earth observation
satellite into orbit. In response, the UNSC unanimously
adopted Resolution 2087, condemning the launch.
(10) On February 12, 2013, North Korea conducted a third
underground nuclear test in violation of UNSC Resolution
1718, 1874, and 2087. The test also contravened North Korea's
commitments under the September 2005 Joint Statement of the
Six-Party Talks.
(11) On March 7, 2013, the UNSC unanimously adopted
Resolution 2094, condemning North Korea's third nuclear test
and imposed additional sanctions against the regime.
[[Page H3439]]
(12) On March 28, 2013, North Korea unilaterally nullified
the armistice agreement with the United States that suspended
military conflict on the Korean peninsula.
(13) On March 30, 2013, North Korea declared a state of war
with South Korea.
(14) On April 4, 2013, North Korea placed two intermediate-
range Musudan missiles on mobile launchers and temporarily
relocated them to the eastern coast of the Korean peninsula
before removing them a month later from the launch sites.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States and its allies, South Korea and
Japan, share the goal of a stable and peaceful Korean
Peninsula, free of nuclear weapons;
(2) the United States remains committed to defending its
allies in the Asia-Pacific region and stability in Northeast
Asia requires restraint by all parties from activities that
would complicate international relations or escalate
international tensions, and international disputes should be
mitigated in a constructive manner consistent with
established principles of international law;
(3) Congress supports--
(A) the verifiable denuclearization of the Korean Peninsula
in a peaceful manner,
(B) North Korea's abandonment of its nuclear programs and
return to the Treaty on the Nonproliferation of Nuclear
Weapons and to International Atomic Energy Agency safeguards;
and
(C) North Korea's full acceptance of and compliance with
the terms of the 1953 Armistice Agreement;
(4) the United States has national interests in security
and stability in the Asia-Pacific region, the implementation
of the United States-Korea Free Trade Agreement, nuclear non-
proliferation efforts, the promotion of respect for the
fundamental human rights of the North Korean people,
international cyber-security cooperation, and full
implementation of United States and multilateral sanctions
against illicit activities;
(5) the United States encourages China and Russia to fully
implement and enforce United States and United Nations
Security Council sanctions against North Korea; and
(6) the President, the Secretary of State, and the
Secretary of Defense should keep Congress fully informed on
security developments on the Korean Peninsula.
SEC. 1244. SENSE OF CONGRESS ON DEFENSE COOPERATION WITH
GEORGIA.
It is the sense of Congress that the United States should
enhance its defense cooperation efforts with Georgia and
support the efforts of the Government of Georgia to provide
for the defense of its government, people, and sovereign
territory.
SEC. 1245. LIMITATION ON ESTABLISHMENT OF REGIONAL SPECIAL
OPERATIONS FORCES COORDINATION CENTERS.
(a) Limitation.--None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2014 for the Department of Defense may be
obligated or expended to plan, prepare, establish, or
implement any ``Regional Special Operations Forces
Coordination Center'' (RSCC) or similar regional coordination
entities.
(b) Exclusion.--The limitation contained in subsection (a)
shall not apply with respect to any RSCC or similar regional
coordination entity authorized by statute, including the
North Atlantic Treaty Organization Special Operations
Headquarters authorized under section 1244 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2541).
(c) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
congressional committees specified in subsection (d) a report
on the following:
(1) A detailed description of the intent and purpose of the
RSCC concept.
(2) Defined and validated requirements justifying the
establishment of RSCCs or similar entities within each
geographic combatant command, to include how such centers
have been coordinated and de-conflicted with existing
regional and multilateral frameworks or approaches.
(3) An explanation of why existing regional centers and
multilateral frameworks cannot satisfy the requirements and
needs of the Department of Defense and geographic combatant
commands.
(4) Cost estimates across the Future Years Defense Program
for such centers, to include estimates of contributions of
nations participating in such centers.
(5) Any other matters that the Secretary of Defense or
Secretary of State determines appropriate.
(d) Specified Congressional Committees.--The congressional
committees referred to in subsection (c) are--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1246. ADDITIONAL REPORTS ON MILITARY AND SECURITY
DEVELOPMENTS INVOLVING THE DEMOCRATIC PEOPLE'S
REPUBLIC OF KOREA.
(a) Report.--Subsection (a) of section 1236 of the National
Defense Authorization Act for Fiscal Year 2012 (Public Law
112-81; 125 Stat. 1641), as amended by section 1292 of the
National Defense Authorization Act for Fiscal Year 2013
(Public Law 112-239; 126 Stat. 2042), is further amended by
striking ``November 1, 2012, and November 1, 2013,'' and
inserting ``November 1, 2013, November 1, 2015, and November
1, 2017,''.
(b) Update.--Section 1236 of the National Defense
Authorization Act for Fiscal Year 2012 is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Update.--The Secretary of Defense shall revise or
supplement the most recent report submitted pursuant to
subsection (a) if, in the Secretary's estimation, interim
events or developments occurring in a period between reports
required under subsection (a) warrant revision or
supplement.''.
SEC. 1247. AMENDMENTS TO ANNUAL REPORT UNDER ARMS CONTROL AND
DISARMAMENT ACT.
(a) Appropriate Congressional Committees.--Section 403 of
the Arms Control and Disarmament Act (22 U.S.C. 2593a) is
amended--
(1) in subsection (a), by striking ``the Speaker of the
House of Representatives and to the chairman of the Committee
on Foreign Relations of the Senate'' and inserting ``the
appropriate congressional committees''; and
(2) by adding at the end the following new subsection:
``(e) Appropriate Congressional Committees Defined.--In
this section, the term `appropriate congressional committees'
means--
``(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Select Committee on Intelligence of
the Senate; and
``(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.''.
(b) Congressional Briefing.--Section 403 of the Arms
Control and Disarmament Act (22 U.S.C. 2593a), as amended by
subsection (a) of this section, is further amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Congressional Briefing.--Not later than May 15 of
each year, the President shall provide to such committees a
briefing on such report.''.
SEC. 1248. LIMITATION ON FUNDS TO PROVIDE THE RUSSIAN
FEDERATION WITH ACCESS TO CERTAIN MISSILE
DEFENSE TECHNOLOGY.
None of the funds authorized to be appropriated or
otherwise made available for each of the fiscal years 2014
through 2018 for the Department of Defense may be used to
provide the Russian Federation with access to information
regarding--
(1) missile defense technology of the United States
relating to hit-to-kill technology; or
(2) telemetry data with respect to missile defense
interceptors or target vehicles.
SEC. 1249. REPORTS ON ACTIONS TO REDUCE SUPPORT OF BALLISTIC
MISSILE PROGRAMS OF CHINA, SYRIA, IRAN, AND
NORTH KOREA.
(a) Disclosure of and Report on Russian Support of
Ballistic Missile Programs of China, Syria, Iran, and North
Korea.--
(1) In general.--The President shall seek to encourage the
Government of the Russian Federation to disclose any support
by the Russian Federation or Russian entities for the
ballistic missile programs of the People's Republic of China,
Syria, Iran, or North Korea.
(2) Report required.--The President shall submit to the
congressional defense committees a semi-annual report on any
disclosure by the Government of the Russian Federation of any
such support during the preceding six-month period.
(3) Initial report.--The initial report required by
paragraph (2) shall be submitted not later than 180 days
after the date of the enactment of this Act and in addition
to addressing any such support during the preceding six-month
period shall also address any such support during the 10-year
period ending on the date of the enactment of this Act.
(b) Cooperation of Russia and China to Reduce Technology
and Expertise That Supports the Ballistic Missile Programs of
Syria, Iran, North Korea, and Other Countries.--
(1) In general.--The Secretary of State, in coordination
with the Secretary of Defense, shall develop a plan to seek
and secure the cooperation of the Russian Federation and the
People's Republic of China to verifiably reduce the spread of
technology and expertise that supports the ballistic missile
programs of the Syria, Iran, North Korea, or any other
country that the Secretary of State determines has a
ballistic missile program.
(2) Report and briefings required.--The Secretary of State,
in coordination with the Secretary of Defense and the
Director of National Intelligence, shall submit to the
appropriate congressional committees not later than 180 days
after the date of the enactment of this Act a report
describing the plan required in paragraph (1) and provide
briefings to such committees annually thereafter until 2018
on the progress and results of these efforts.
(3) Definition.--In this subsection, the term ``appropriate
congressional committees'' means--
(A) the congressional defense committees;
(B) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate; and
(C) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
(c) Form.--Each report required by this section shall be
submitted in unclassified form, but may contain a classified
annex, if necessary.
SEC. 1250. CONGRESSIONAL NOTIFICATIONS RELATING TO STATUS OF
FORCES AGREEMENTS.
(a) In General.--With respect to an agreement on the status
of forces between the United States and a foreign country,
the Secretary of Defense, in consultation with the Secretary
of State, shall notify the appropriate congressional
[[Page H3440]]
committees not later than 15 days after the date on which the
agreement is signed, renewed, amended or otherwise revised,
or terminated.
(b) Briefings Required.--Not later than February 1 of each
calendar year, the Secretary of Defense, in consultation with
the Secretary of State, shall provide a briefing to the
appropriate congressional committees on the following:
(1) Status of forces agreements that the United States will
seek to enter into in such calendar year.
(2) Status of forces agreements that have expired and which
the United States will seek to renew in such calendar year.
(3) Amendments to status of forces agreements that the
Secretary of Defense determines to be substantial and are
likely to be negotiated in such calendar year.
(c) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
(d) Effective Date.--This section shall take effect on the
date of the enactment of this Act and shall apply with
respect to an agreement described in subsection (a) that is
signed on or after the date of the enactment of this Act.
SEC. 1251. SENSE OF CONGRESS ON THE CONFLICT IN SYRIA.
(a) Findings.--Congress finds the following:
(1) The conflict in Syria began in March 2011.
(2) As of February 2013, the United Nations High
Commissioner for Human Rights estimated that approximately
70,000 Syrians have been killed during the conflict.
(3) According to the United Nations High Commissioner for
Refugees, over 1,200,000 Syrians are registered refugees or
persons of concern including, over 66,000 in Egypt, over
145,000 in Iraq, over 461,000 in Jordan, over 462,000 in
Lebanon, and over 329,000 in Turkey.
(4) Jabhat al-Nusra, a group located in Syria and
categorized as an affiliate of al-Qaeda by the intelligence
community, presents a direct threat to the interests of the
United States and could present a direct threat to the United
States.
(5) On August 19, 2011, President Obama stated: ``The
future of Syria must be determined by its people, but
President Bashar al-Assad is standing in their way. We have
consistently said that President Assad must lead a democratic
transition or get out of the way. He has not led. For the
sake of the Syrian people, the time has come for President
Assad to step aside.''.
(6) The United States is deploying 200 military personnel
from the headquarters of the 1st Armored Division to Jordan
in order to ``improve readiness and prepare for a number of
scenarios''.
(7) In a letter from Miguel Rodriguez, the Assistant to the
President for Legislative Affairs, to Senators McCain and
Levin, dated April 25, 2013, it stated that ``our
intelligence community does assess with varying degrees of
confidence that the Syrian regime has used chemical weapons
on a small scale in Syria, specifically, the chemical agent
sarin. . .We do believe that any use of chemical weapons in
Syria would very likely have originated with the Assad
regime. . .the President has made it clear that the use of
chemical weapons--or the transfer of chemical weapons to
terrorist groups--is a red line for the United States of
America''.
(8) In a press conference with Israel Prime Minister,
Benjamin Netanyahu, President Obama stated: ``I have made
clear that the use of chemical weapons is a game-changer''.
(9) In August 2012, during a White House press conference,
President Obama stated: ``We have been very clear to the
Assad regime, but also to other players on the ground, that a
redline for us is we start seeing a whole bunch of chemical
weapons moving around or being utilized.''.
(10) It is a threat to the vital national security interest
of the United States if terrorist groups, such as al-Qaeda,
obtain chemical or biological material or weapons in Syria.
(11) At a Pentagon press conference on May 2, 2013,
Secretary Hagel confirmed that the Obama Administration is
re-thinking its opposition to arming the rebels.
(12) On April 11, 2013, responding to a question about the
need for a supplemental funding request for any potential
United States military effort in Syria, Secretary Hagel
stated: ``Yes, I think it is pretty clear that a supplemental
would be required.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) President Obama should have a comprehensive policy and
should ensure robust contingency planning to secure United
States' interests in Syria;
(2) President Obama should fully consider all courses of
action to remove President Bashar al-Assad from power;
(3) the conflict in Syria threatens the vital national
security interests of Israel, which should be sufficiently
weighed by the President when considering policy approaches
towards the conflict in Syria;
(4) the President should fully consider all courses of
action to reinforce his stated ``redline'' regarding the use
of weapons of mass destruction by the Assad regime in Syria,
which could threaten the credibility of the United States
with its allies in the region and embolden the Assad regime;
(5) the United States should continue to conduct rigorous
planning and operational preparation to support any efforts
to secure the chemical and biological stockpiles and
associated weapons;
(6) the United States should have a policy that supports
the stability of countries on Syria's border, including
Jordan, Turkey, Iraq, Lebanon, and Israel;
(7) the United States should continue to support Syrian
opposition forces with non-lethal aid;
(8) the President, the Department of Defense, the
Department of State, and the intelligence community, in
cooperation with European and regional allies, should ensure
that the risks of all courses of action or inaction regarding
Syria are fully explored and understood and that Congress is
kept fully informed of such risks;
(9) the President should fully consider, and the Department
of Defense should conduct prudent planning for, the provision
of lethal aid and relevant operational training to vetted
Syrian opposition forces, including an analysis of the risks
of the provision of such aid and training; and
(10) should the President decide to employ any military
assets in Syria, the President should provide a supplemental
budget request to Congress.
SEC. 1252. REVISION OF STATUTORY REFERENCES TO FORMER NATO
SUPPORT ORGANIZATIONS AND RELATED NATO
AGREEMENTS.
(a) Title 10, United States Code.--Section 2350d of title
10, United States Code, is amended--
(1) by striking ``NATO Maintenance and Supply
Organization'' each place it appears and inserting ``NATO
Support Organization and its executive agencies'';
(2) in subsection (a)(1)--
(A) by striking ``Weapon System Partnership Agreements''
and inserting ``Support Partnership Agreements''; and
(B) in subparagraph (B), by striking ``a specific weapon
system'' and inserting ``activities''; and
(3) in subsections (b), (c), (d), and (e), by striking
``Weapon System Partnership Agreement'' each place it appears
and inserting ``Support Partnership Agreement''.
(b) Arms Export Control Act.--Section 21(e)(3) of the Arms
Export Control Act (22 U.S.C. 2761(e)(3)) is amended--
(1) in subparagraphs (A) and (C)(i), by striking
``Maintenance and Supply Agency of the North Atlantic Treaty
Organization'' and inserting ``North Atlantic Treaty
Organization (NATO) Support Organization and its executive
agencies'';
(2) in subparagraph (A)(i), by striking ``weapon system
partnership agreement'' and inserting ``support partnership
agreement''; and
(3) in subparagraph (C)(i)(II), by striking ``a specific
weapon system'' and inserting ``activities''.
SEC. 1253. LIMITATION ON FUNDS TO IMPLEMENT EXECUTIVE
AGREEMENTS RELATING TO UNITED STATES MISSILE
DEFENSE CAPABILITIES.
(a) Statement of Policy.--Congress reaffirms, with respect
to executive agreements relating to the missile defense
capabilities of the United States, including basing,
locations, capabilities and numbers of missiles with respect
to such missile defense capabilities, that section 303(b) of
the Arms Control and Disarmament Act (22 U.S.C. 2573(b))
provides the following: ``No action shall be taken pursuant
to this or any other Act that would obligate the United
States to reduce or limit the Armed Forces or armaments of
the United States in a militarily significant manner, except
pursuant to the treaty-making power of the President set
forth in Article II, Section 2, Clause 2 of the Constitution
or unless authorized by the enactment of further affirmative
legislation by the Congress of the United States.''.
(b) Limitation on Funds.--None of the funds authorized to
be appropriated or otherwise made available for fiscal year
2014 or any fiscal year thereafter for the Department of
Defense may be used--
(1) to implement any executive agreement relating to the
missile defense capabilities of the United States, including
basing, locations, capabilities, and numbers of missiles with
respect to such missile defense capabilities; or
(2) to implement rules of engagement or Guidance for
Employment of Force relating to such executive agreement.
(c) Rule of Construction.--Subsection (b) shall not apply
with respect to the use of funds to negotiate or implement
any executive agreement with a country with respect to which
the United States has entered into a treaty of alliance or
has a security guarantee.
(d) Executive Agreement Defined.--In this section, the term
``executive agreement'' means an international agreement
other than--
(1) an agreement that is in the form of a treaty under
article II, section 2, clause 2 of the Constitution of the
United States; or
(2) an agreement that requires implementing legislation to
be enacted into law for the agreement to enter into force
with respect to the United States.
SEC. 1254. LIMITATION ON AVAILABILITY OF FUNDS FOR THREAT
REDUCTION ENGAGEMENT ACTIVITIES AND UNITED
STATES CONTRIBUTIONS TO THE COMPREHENSIVE
NUCLEAR-TEST-BAN TREATY ORGANIZATION.
(a) In General.--None of the funds made available for
fiscal year 2014 for Threat Reduction Engagement activities
may be obligated or expended for such purposes until the
President certifies to Congress that no state party to the
Comprehensive Nuclear-Test-Ban Treaty has undertaken nuclear
weapons test activities in fiscal year 2013 that are
inconsistent with United States interpretations regarding
obligations under such Treaty.
(b) Lobbying or Advocacy Activities.--None of the funds
made available for fiscal year 2014 for contributions of the
United States to the CTBTO entities may be used for lobbying
or advocacy in the United States relating to the
Comprehensive Nuclear-Test-Ban Treaty.
(c) CTBTO Entities.--In subsection (b), the term ``CTBTO
entities'' means--
(1) the Comprehensive Nuclear-Test-Ban Treaty Organization
International Monitoring System; and
[[Page H3441]]
(2) the Comprehensive Nuclear-Test-Ban Treaty Organization
Preparatory Commission-Special Contributions.
SEC. 1255. SENSE OF CONGRESS ON MILITARY-TO-MILITARY
COOPERATION BETWEEN THE UNITED STATES AND
BURMA.
It is the sense of the Congress that--
(1) as the United States policy rebalances towards Asia, it
is critical that the United States military comprehensively
evaluate its engagement with Burma;
(2) the future of the military-to-military relationship
between the United States and Burma should take into account
the current ethnic conflict in Burma and persecution of
ethnic and religious minorities;
(3) while the United States has national security interests
in Burma's peace and stability, the peaceful settlement of
armed conflicts with the ethnic minority groups requires the
Burmese military to respect ceasefire agreements, laws of
war, and human rights provisions; and
(4) the Department of Defense should fully consider and
assess the Burmese military's efforts to implement reforms,
end impunity for human rights abuses, and increase
transparency and accountability before expanding military-to-
military cooperation beyond initial dialogue and isolated
engagements.
SEC. 1256. SENSE OF CONGRESS ON THE STATIONING OF UNITED
STATES FORCES IN EUROPE.
(a) Findings.--Congress finds the following:
(1) During the past several years, over 700 kinetic terror
incidents have occurred in the U.S. European Command (EUCOM)
area of operations. Rising tensions in the region due to
unemployment, fiscal insolvency, ethnic strife, hegemonic
desires, and terrorism, pose risks to the security and
stability of Europe.
(2) Arab Spring uprisings in Middle Eastern and North
African countries, including the Republic of Mali, the Arab
Republic of Egypt, Libya, and the Syrian Arab Republic
(Syria), have presented emerging strategic challenges that
present significant implications for regional stability, the
security of the State of Israel (Israel), and the national
security interests of the United States and many European
allies.
(3) U.S. Africa Command does not have formally assigned
Army or Marine Corps units assigned to it and it continues to
share Air Force and Navy component commands with EUCOM.
Consequently, United States forces stationed in Europe have
been deployed to support contingencies associated with the
Arab Spring in North Africa.
(4) The Commander of U.S. European Command is responsible
for developing operational plans for the defense of Israel.
Moreover, forces stationed in Europe would be deployed to
defend Israel in the event of such a contingency.
(5) Regimes, including the Islamic Republic of Iran and
Syria, continue efforts to procure, develop, and proliferate
advanced ballistic missile technologies that pose a serious
threat to United States forces and installations in the
theater, as well as to the territory, populations, and forces
of Israel and European allies. United States missile defense
capabilities in Europe seek to mitigate these threats.
(6) Violent extremist organizations, including Kongra-Gel,
al Qaida, Lebanese Hizballah, and Iranian Qods Force, may
utilize Europe as an important venue for recruitment,
logistical support, financing, and the targeting of the
United States and Western interests.
(7) Congress has lacked sufficient data to compare the
strategic benefits and the costs associated with permanently
stationing forces in Europe. The Government Accountability
Office (GAO) has found that the combatant commands do not
completely and consistently report cost data in their theater
posture plans. In particular, GAO reported in February 2011
that EUCOM lacks comprehensive cost data in its theater
posture plans and therefore decision makers lack critical
information that could be used to make fully informed posture
decisions. Additionally, in June 2012, GAO found that the
Department of Defense has taken steps to align posture
initiatives with strategy and cost, but continues to lack
comprehensive and consistent cost estimates of initiatives.
(8) The Department of Defense has reported that the cost of
permanently stationing forces in the United States rather
than overseas is often offset by such factors as increased
rotational costs.
(b) Sense of Congress.--It is the sense of Congress that--
(1) an enduring United States presence and engagement
across Europe and Eurasia provides the critical access and
infrastructure necessary to accomplish United States
strategic priorities, expand United States global reach to
Europe, Eurasia, the Middle East, Africa, as well as the
Mediterranean and Atlantic Oceans, and facilitates a rapid
United States response for complex contingencies;
(2) the United States continues to have an interest in
supporting the stability and security of Europe, especially
in a dynamic and challenging global security environment;
(3) forward-stationed active duty service members, forward-
deployed rotational units, and reserve forces assigned to
U.S. European Command remain essential for United States
planning, logistics, and operations in support of U.S.
Central Command, U.S. Africa Command, U.S. Transportation
Command, U.S. Special Operations Command, and U.S. Strategic
Command, as well as fulfilling commitments under Article V of
the North Atlantic Charter;
(4) in light of the benefits associated with defense of the
homeland forward and strategic access, as well as the
potential for rotational deployments to increase cost to the
Department of Defense, the Department of Defense should
implement the recommendations of the Government
Accountability Office with regard to improved cost estimation
to enable informed force posture decisions prior to making
any further significant changes to the United States force
posture in Europe that could increase risk for the United
States; and
(5) the Secretary of Defense should keep Congress fully and
currently informed regarding the requirements of the United
States force posture in Europe and the costs associated with
maintaining such force.
SEC. 1257. SENSE OF CONGRESS ON MILITARY CAPABILITIES OF THE
PEOPLE'S REPUBLIC OF CHINA.
Congress--
(1) notes the People's Republic of China (PRC) continues to
rapidly modernize and expand its military capabilities across
the land, sea, air, space, and cyberspace domains;
(2) is concerned by the rate and scope of PRC military
developments, including its military-focused cyber espionage,
which indicate a desire to constrain or prevent the peaceful
activities of the United States and its allies in the Western
Pacific;
(3) concurs with Admiral Samuel Locklear, commander of U.S.
Pacific Command, that ``China's rapid development of advanced
military capabilities, combined with its unclear intentions,
certainly raises strategic and security concerns for the U.S
and the region'';
(4) notes the United States remains committed to a robust
forward military-presence in the Asia-Pacific and will
continue to vigorously support mutual defense arrangements
with treaty allies while also building deeper relationships
with other strategic partners in the region; and
(5) urges the Government of the PRC to work peacefully to
resolve existing territorial disputes and to adopt a maritime
code of conduct with relevant parties to guide all forms of
maritime interaction and communications in the Asia-Pacific.
SEC. 1258. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed as authorizing the
use of force against Syria.
TITLE XIII--COOPERATIVE THREAT REDUCTION
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION
PROGRAMS AND FUNDS.
(a) Specification of Cooperative Threat Reduction
Programs.--For purposes of section 301 and other provisions
of this Act, Cooperative Threat Reduction programs are the
programs specified in section 1501 of the National Defense
Authorization Act for Fiscal Year 1997 (50 U.S.C. 2362 note).
(b) Fiscal Year 2014 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2014
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations
in section 301 and made available by the funding table in
section 4301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 and made
available by the funding table in section 4301 for
Cooperative Threat Reduction programs shall be available for
obligation for fiscal years 2014, 2015, and 2016.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $528,455,000
authorized to be appropriated to the Department of Defense
for fiscal year 2014 in section 301 and made available by the
funding table in section 4301 for Cooperative Threat
Reduction programs, the following amounts may be obligated
for the purposes specified:
(1) For strategic offensive arms elimination, $5,655,000.
(2) For chemical weapons destruction, $13,000,000.
(3) For global nuclear security, $32,793,000.
(4) For cooperative biological engagement, $293,142,110.
(5) For proliferation prevention, $149,314,890.
(6) For threat reduction engagement, $6,375,000.
(7) For activities designated as Other Assessments/
Administrative Costs, $28,175,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2014 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (7) of subsection
(a) until 15 days after the date that the Secretary of
Defense submits to Congress a report on the purpose for which
the funds will be obligated or expended and the amount of
funds to be obligated or expended. Nothing in the preceding
sentence shall be construed as authorizing the obligation or
expenditure of fiscal year 2014 Cooperative Threat Reduction
funds for a purpose for which the obligation or expenditure
of such funds is specifically prohibited under this title or
any other provision of law.
(c) Limited Authority to Vary Individual Amounts.--
(1) In general.--Subject to paragraph (2), in any case in
which the Secretary of Defense determines that it is
necessary to do so in the national interest, the Secretary
may obligate amounts appropriated for fiscal year 2014 for a
purpose listed in paragraphs (1) through (7) of subsection
(a) in excess of the specific amount authorized for that
purpose.
(2) Notice-and-wait required.--An obligation of funds for a
purpose stated in paragraphs (1) through (7) of subsection
(a) in excess of the specific amount authorized for such
purpose may be made using the authority provided in paragraph
(1) only after--
(A) the Secretary submits to Congress notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
[[Page H3442]]
SEC. 1303. EXTENSION FOR USE OF CONTRIBUTIONS TO THE
COOPERATIVE THREAT REDUCTION PROGRAM.
Section 1303(g) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 22 U.S.C. 5952 note)
is amended by striking ``2015'' and inserting ``2018''.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2014 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds, as
specified in the funding table in section 4501.
SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.
Funds are hereby authorized to be appropriated for the
fiscal year 2014 for the National Defense Sealift Fund, as
specified in the funding table in section 4501.
SEC. 1403. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for the Department of Defense
for fiscal year 2014 for expenses, not otherwise provided
for, for Chemical Agents and Munitions Destruction, Defense,
as specified in the funding table in section 4501.
(b) Use.--Amounts authorized to be appropriated under
subsection (a) are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.
SEC. 1404. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2014 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-
Drug Activities, Defense-wide, as specified in the funding
table in section 4501.
SEC. 1405. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2014 for expenses, not
otherwise provided for, for the Office of the Inspector
General of the Department of Defense, as specified in the
funding table in section 4501.
SEC. 1406. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal
year 2014 for the Defense Health Program, as specified in the
funding table in section 4501, for use of the Armed Forces
and other activities and agencies of the Department of
Defense in providing for the health of eligible
beneficiaries.
Subtitle B--National Defense Stockpile
SEC. 1411. USE OF NATIONAL DEFENSE STOCKPILE FOR THE
CONSERVATION OF A STRATEGIC AND CRITICAL
MATERIALS SUPPLY.
(a) Presidential Responsibility for Conservation of
Stockpile Materials.--Section 98e(a) of title 50, United
States Code, is amended--
(1) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7), respectively; and
(2) by inserting after paragraph (4) the following new
paragraph (5):
``(5) provide for the recovery of any strategic and
critical material from excess materials made available for
recovery purposes by other Federal agencies;''.
(b) Uses of National Defense Stockpile Transaction Fund.--
Section 98h(b)(2) of title 50, United States Code, is
amended--
(1) by redesignating subparagraphs (D) through (L) as
subparagraphs (E) through (M), respectively; and
(2) by inserting after subparagraph (C) the following new
subparagraph (D):
``(D) Encouraging the conservation of strategic and
critical materials.''.
(c) Development of Domestic Sources.--Section 98h-6(a) of
title 50, United States Code, is amended, in the matter
preceding paragraph (1), by inserting ``and conservation''
after ``development''.
SEC. 1412. AUTHORITY TO ACQUIRE ADDITIONAL MATERIALS FOR THE
NATIONAL DEFENSE STOCKPILE.
(a) Acquisition Authority.--Using funds available in the
National Defense Stockpile Transaction Fund, the National
Defense Stockpile Manager may acquire the following materials
determined to be strategic and critical materials required to
meet the defense, industrial, and essential civilian needs of
the United States:
(1) Ferroniobium.
(2) Dysprosium Metal.
(3) Yttrium Oxide.
(4) Cadmium Zinc Tellurium Substrate Materials.
(5) Lithium Ion Precursors.
(6) Triamino-Trinitrobenzene and Insensitive High Explosive
Molding Powders.
(b) Amount of Authority.--The National Defense Stockpile
Manager may use up to $41,000,000 of the National Stockpile
Transaction Fund for acquisition of the materials specified
in subsection (a).
(c) Fiscal Year Limitation.--The authority under this
section is available for purchases during fiscal year 2014
through fiscal year 2019.
Subtitle C--Other Matters
SEC. 1421. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT
DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS
AFFAIRS MEDICAL FACILITY DEMONSTRATION FUND FOR
CAPTAIN JAMES A. LOVELL HEALTH CARE CENTER,
ILLINOIS.
(a) Authority for Transfer of Funds.--Of the funds
authorized to be appropriated for section 507 and available
for the Defense Health Program for operation and maintenance,
$143,087,000 may be transferred by the Secretary of Defense
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund established by
subsection (a)(1) of section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 2571). For purposes of subsection (a)(2) of such
section 1704, any funds so transferred shall be treated as
amounts authorized and appropriated specifically for the
purpose of such a transfer.
(b) Use of Transferred Funds.--For the purposes of
subsection (b) of such section 1704, facility operations for
which funds transferred under subsection (a) may be used are
operations of the Captain James A. Lovell Federal Health Care
Center, consisting of the North Chicago Veterans Affairs
Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal
medical facility under an operational agreement covered by
section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417;
122 Stat. 4500).
SEC. 1422. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES
RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal
year 2014 from the Armed Forces Retirement Home Trust Fund
the sum of $67,800,000 for the operation of the Armed Forces
Retirement Home.
SEC. 1423. CEMETERIAL EXPENSES.
Funds are hereby authorized to be appropriated for the
Department of the Army for fiscal year 2014 for cemeterial
expenses, not otherwise provided for, in the amount of
$45,800,000.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Additional Appropriations
SEC. 1501. PURPOSE.
The purpose of this subtitle is to authorize appropriations
for the Department of Defense for fiscal year 2014 to provide
additional funds for overseas contingency operations being
carried out by the Armed Forces.
SEC. 1502. PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal
year 2014 for procurement accounts for the Army, the Navy and
the Marine Corps, the Air Force, and Defense-wide activities,
as specified in the funding table in section 4102.
SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal
year 2014 for the use of the Department of Defense for
research, development, test, and evaluation, as specified in
the funding table in section 4202.
SEC. 1504. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal
year 2014 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance, as specified in the funding table in section
4302.
SEC. 1505. MILITARY PERSONNEL.
Funds are hereby authorized to be appropriated for fiscal
year 2014 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for military personnel,
as specified in the funding table in section 4402.
SEC. 1506. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2014 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds, as
specified in the funding table in section 4502.
SEC. 1507. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2014 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-
Drug Activities, Defense-wide, as specified in the funding
table in section 4502.
SEC. 1508. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2014 for expenses, not
otherwise provided for, for the Office of the Inspector
General of the Department of Defense, as specified in the
funding table in section 4502.
SEC. 1509. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2014 for expenses, not
otherwise provided for, for the Defense Health Program, as
specified in the funding table in section 4502.
Subtitle B--Financial Matters
SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are
in addition to amounts otherwise authorized to be
appropriated by this Act.
SEC. 1522. SPECIAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this title for fiscal year 2014 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so
[[Page H3443]]
transferred shall be merged with and be available for the
same purposes as the authorization to which transferred.
(2) Limitation.--The total amount of authorizations that
the Secretary may transfer under the authority of this
subsection may not exceed $3,000,000,000.
(b) Terms and Conditions.--Transfers under this section
shall be subject to the same terms and conditions as
transfers under section 1001.
(c) Additional Authority.--The transfer authority provided
by this section is in addition to the transfer authority
provided under section 1001.
Subtitle C--Limitations and Other Matters
SEC. 1531. AFGHANISTAN SECURITY FORCES FUND.
(a) Continuation of Existing Limitations on Use of Funds in
Fund.--Funds available to the Department of Defense for the
Afghanistan Security Forces Fund for fiscal year 2014 shall
be subject to the conditions contained in subsections (b)
through (g) of section 1513 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181;
122 Stat. 428), as amended by section 1531(b) of the Ike
Skelton National Defense Authorization Act for Fiscal Year
2011 (Public Law 111-383; 124 Stat. 4424).
(b) Revision of Plan for Use of Afghanistan Security Forces
Fund.--
(1) Revision and purpose.--The Secretary of Defense shall
revise the plan required by section 1531(e) of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law
112-239; 126 Stat. 2056) regarding use of the Afghanistan
Security Forces Fund through September 30, 2017, to ensure
that an office or official of the Department of Defense is
identified as responsible for each program or activity
supported using funds available to the Department of Defense
through the Afghanistan Security Forces Fund.
(2) Submission.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional committees the plan as revised
pursuant to paragraph (1).
(c) Promotion of Recruitment and Retention of Women.--Of
the funds available to the Department of Defense for the
Afghanistan Security Forces Fund for fiscal year 2014, no
less than $47,300,000 shall be used for the recruitment and
retention of women in the Afghanistan National Security
Forces. This requirement does not modify the distribution of
funds for programs and activities supported using the
Afghanistan Security Forces Fund, but will ensure attention
to recruitment and retention of women within each program and
activity.
SEC. 1532. FUTURE ROLE OF JOINT IMPROVISED EXPLOSIVE DEVICE
DEFEAT ORGANIZATION.
(a) Report Required.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
the future plans of the Department of Defense for the Joint
Improvised Explosive Device Defeat Organization (JIEDDO).
(b) Required Elements.--The report required by subsection
(a) shall include the following elements:
(1) An analysis of alternatives considered in determining
the future plans for JIEDDO.
(2) If the Secretary of Defense plans to discontinue
JIEDDO--
(A) a description of how JIEDDO's major programs and
capabilities will be integrated into other components within
the Department of Defense or discontinued; and
(B) a statement of the estimated costs to other components
of the Department for any JIEDDO programs and capabilities
that are reassigned to such components.
(3) If the Secretary of Defense plans to continue JIEDDO--
(A) a statement of the expected mission of JIEDDO;
(B) a description of the expected organizational structure
for JIEDDO, including the reporting structure and lines of
authority within the Department and personnel strength,
including contractors; and
(C) a statement of the estimated costs and budgetary
impacts related to implementing any changes to the mission of
JIEDDO and its organizational structure.
(4) A timeline for implementation of the selected
alternative described in paragraph (2) or (3).
(5) A description on how the Department will identify and
incorporate lessons learned from establishing and managing
JIEDDO and its programs.
SEC. 1533. LIMITATION ON INTELLIGENCE, SURVEILLANCE, AND
RECONNAISSANCE SUPPORT FOR OPERATION OBSERVANT
COMPASS.
None of the amounts authorized to be appropriated for
operation and maintenance by section 1504, as specified in
the funding table in section 4302, may be obligated or
expended for intelligence, surveillance, and reconnaissance
support for Operation Observant Compass until the Secretary
of Defense submits to the congressional defense committees a
report on Operation Observant Compass, including the specific
goals of the campaign to counter the Lord Resistance Army,
the precise metrics used to measure progress in such
campaign, and the required steps that will be taken to
transition such campaign if it is determined that it is no
longer necessary for the United States to support the mission
of such campaign.
SEC. 1534. REPORT ON UNITED STATES FORCE LEVELS AND COSTS OF
MILITARY OPERATIONS IN AFGHANISTAN.
Not later than January 15, 2014, the Secretary of Defense
shall submit to the Committees on Armed Services of the House
of Representatives and Senate a report on the following:
(1) The estimated United States force levels in Afghanistan
for each of years 2015 through 2020.
(2) The estimated costs of United States military
operations in Afghanistan for each of fiscal years 2015
through 2020.
TITLE XVI--INDUSTRIAL BASE MATTERS
SEC. 1601. PERIODIC AUDITS OF CONTRACTING COMPLIANCE BY
INSPECTOR GENERAL OF DEPARTMENT OF DEFENSE.
(a) Requirement for Periodic Audits of Contracting
Compliance.--The Inspector General of the Department of
Defense shall conduct periodic audits of contracting
practices and policies related to procurement under section
2533a of title 10, United States Code. Such an audit shall be
conducted at least once every three years.
(b) Requirement for Additional Information in Semiannual
Reports.--The Inspector General of the Department of Defense
shall ensure that findings and other information resulting
from audits conducted pursuant to subsection (a) are included
in the semiannual report transmitted to congressional
committees under section 8(f)(1) of the Inspector General Act
of 1978 (5 U.S.C. App).
SEC. 1602. EXPANSION OF THE PROCUREMENT TECHNICAL ASSISTANCE
PROGRAM TO ADVANCE SMALL BUSINESS GROWTH.
(a) Advancing Small Business Growth.--
(1) In general.--Chapter 142 of title 10, United States
Code, is amended--
(A) by redesignating section 2419 as section 2420; and
(B) by inserting after section 2418 the following new
section 2419:
``Sec. 2419. Advancing small business growth
``(a) Identification of Recommended Business Capabilities
and Characteristics.--(1) The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall publish in the
Federal Register and on the website of the Office of Small
Business Programs of the Department of Defense a list of
capabilities and characteristics recommended for the
successful transition of a qualified small business concern
to become competitive as an other-than-small business for
contracts awarded by the Department of Defense. The
capabilities and characteristics on the list shall be set
forth by North American Industry Classification System
sector.
``(2) The list shall be reviewed and updated appropriately
on an annual basis.
``(b) Contract Clause Required.--(1) The Under Secretary
shall require the clause described in paragraph (2) to be
included in each covered contract awarded by the Department
of Defense.
``(2) The clause described in this paragraph is a clause
that--
``(A) requires the contractor to acknowledge that
acceptance of the contract may cause the business to exceed
the applicable small business size standards (established
pursuant to section 3(a) of the Small Business Act) for the
industry concerned and that the contractor may no longer
qualify as a small business concern for that industry; and
``(B) encourages the contractor to develop capabilities and
characteristics identified in the list required by subsection
(a) if the contractor intends to remain competitive as an
other-than-small business in that industry.
``(c) Assistance for Advancing Certain Small Businesses.--
Eligible small businesses may be provided specific assistance
with developing the capabilities and characteristics
identified in the list required by subsection (a), as part of
any procurement technical assistance furnished pursuant to
this chapter.
``(d) Definitions.--In this section:
``(1) The term `covered contract' means a contract--
``(A) awarded to a qualified small business concern as
defined pursuant to section 3(a) of the Small Business Act;
and
``(B) with an estimated annual value--
``(i) that will exceed the applicable receipt-based small
business size standard; or
``(ii) if the contract is in an industry with an employee-
based size standard, that will exceed $70,000,000.
``(2) The term `eligible small business' means a qualified
small business concern as defined pursuant to section 3(a) of
the Small Business Act that has entered into a contract with
the Department of Defense that includes a contract clause
described in subsection (b)(2).''.
(2) Clerical amendment.--The table of sections as the
beginning of such chapter is amended by striking the item
relating to section 2419 and inserting the following:
``2419. Advancing small business growth.
``2420. Regulations.''.
(b) Exception to Limitation on Funding.--Section 2414 of
such title is amended--
(1) in subsection (a), by striking ``The value'' and
inserting ``Except as provided in subsection (c), the
value''; and
(2) by adding at the end the following new subsection (c):
``(c) Exception.--The value of the assistance provided in
accordance with section 2419(c) of this title is not subject
to the limitations in subsection (a).''.
(c) Revisions to Cooperative Agreements.--
(1) Full funding allowed for certain assistance.--Section
2413(b) of such title is amended--
(A) by striking ``except that in the case'' and inserting:
``except that--
``(1) in the case'';
(B) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following new paragraph:
``(2) in the case of a program sponsored by such an entity
that provides specific assistance
[[Page H3444]]
for eligible small businesses pursuant to section 2419(c) of
this title, the Secretary may agree to furnish the full cost
of such assistance.''.
(2) Additional considerations.--Section 2413 of such title
is further amended by adding at the end the following new
subsection:
``(e) In determining the level of funding to provide under
an agreement under subsection (b), the Secretary shall
consider the forecast by the eligible entity of demand for
procurement technical assistance, and, in the case of an
established program under this chapter, the outlays and
receipts of such program during prior years of operation.''.
(3) Conforming amendment.--Section 2413(d) of such title is
amended by striking ``and in determining the level of funding
to provide under an agreement under subsection (b),''.
(d) Report Required.--Not later than March 15 of 2015,
2016, and 2017, the Secretary of Defense shall submit to the
congressional defense committees a report on the
implementation of the amendments made by this section, along
with any recommendations for improving the Procurement
Technical Assistance Cooperative Agreement Program.
SEC. 1603. AMENDMENTS RELATING TO PROCUREMENT TECHNICAL
ASSISTANCE COOPERATIVE AGREEMENT PROGRAM.
(a) Increase in Government Share.--Section 2413(b) of title
10, United States Code, is amended--
(1) by striking ``one-half'' both places it appears and
inserting ``65 percent''; and
(2) by striking ``three-fourths'' and inserting ``75
percent''.
(b) Increase in Limitations on Value of Assistance.--
Section 2414(a) of such title is amended--
(1) in paragraphs (1) and (4), by striking ``$600,000'' and
inserting ``$750,000'';
(2) in paragraph (2), by striking ``$300,000'' and
inserting ``$450,000''; and
(3) in paragraph (3), by striking ``$150,000'' and
inserting ``$300,000''.
SEC. 1604. STRATEGIC PLAN FOR REQUIREMENTS FOR WAR RESERVE
STOCKS OF MEALS READY-TO-EAT.
(a) Limitation; Strategic Plan.--The Administrator of the
Defense Logistics Agency may not make any reductions in the
requirements for war reserve stocks of meals ready-to-eat
until the Administrator and the heads of the military
services, in consultation with manufacturers of meals ready-
to-eat, develop a comprehensive strategic plan to address--
(1) the aggregate meals ready-to-eat requirements for each
of the military departments;
(2) industrial base sustainment and war-time surge capacity
requirements for meals ready-to-eat; and
(3) timely rotation of the war reserves of meals-ready-to-
eat.
(b) Briefing Required.--The Administrator shall brief the
congressional defense committees on the strategic plan
developed under subsection (a) before making any reductions
in the requirements for war reserve stocks of meals ready-to-
eat.
SEC. 1605. FOREIGN COMMERCIAL SATELLITE SERVICES.
(a) In General.--Chapter 135 of title 10, United States
Code, as amended by section 911(b) of this Act, is further
amended by adding at the end the following new section:
``Sec. 2279. Foreign commercial satellite services
``(a) Prohibition.--The Secretary of Defense may not enter
into a contract for satellite services with a foreign entity
if--
``(1) the foreign entity is an entity in which the
government of a covered foreign country has an ownership
interest; or
``(2) the foreign entity plans to or is expected to provide
launch or other satellite services under the contract from a
covered foreign country.
``(b) Waiver.--The Secretary of Defense may waive
subsection (a) for a particular contract if the Secretary, in
consultation with the Director of National Intelligence,
submits to the congressional defense committees a national
security assessment for such contract that includes the
following:
``(1) The projected period of performance (including any
period covered by options to extend the contract), the
financial terms, and a description of the services to be
provided under the contract.
``(2) To the extent practicable, a description of the
ownership interest that a covered foreign country has in the
foreign entity providing satellite services to the Department
of Defense under the contract and the launch or other
satellite services that will be provided in a covered foreign
country under the contract.
``(3) A justification for entering into a contract with
such foreign entity and a description of the actions
necessary to eliminate the need to enter into such a contract
with such foreign entity in the future.
``(4) A risk assessment of entering into a contract with
such foreign entity, including an assessment of mission
assurance and security of information and a description of
any measures necessary to mitigate risks found by such risk
assessment.
``(c) Delegation of Waiver Authority.--The Secretary of
Defense may only delegate the authority under subsection (b)
to waive subsection (a) to the Deputy Secretary of Defense,
the Under Secretary of Defense for Policy, or the Under
Secretary of Defense for Acquisition, Technology, and
Logistics and such authority may not be further delegated.
``(d) Form of Waiver Assessments.--Each assessment under
subsection (b) shall be submitted in unclassified form, but
may include a classified annex.
``(e) Covered Foreign Country Defined.--In this section,
the term `covered foreign country' means a country described
in section 1261(c)(2) of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat.
2019).''.
(b) Table of Sections Amendment.--The table of sections at
the beginning of such chapter, as amended by section 911(c)
of this Act, is further amended by adding at the end the
following item:
``2279. Foreign commercial satellite services.''.
SEC. 1606. PROOF OF CONCEPT COMMERCIALIZATION PILOT PROGRAM.
(a) Pilot Program.--The Secretary of Defense, acting
through the Assistant Secretary of Defense for Research and
Engineering, shall establish and implement a pilot program,
to be known as the ``Proof of Concept Commercialization Pilot
Program'', in accordance with this section.
(b) Purpose.--The purpose of the pilot program is to
accelerate the commercialization of basic research
innovations from qualifying institutions.
(c) Awards.--
(1) In general.--Under the pilot program, the Secretary
shall make financial awards to qualifying institutions in
accordance with this subsection.
(2) Competitive, merit-based process.--An award under the
pilot program shall be made using a competitive, merit-based
process.
(3) Eligibility.--A qualifying institution shall be
eligible for an award under the pilot program if the
institution agrees to--
(A) use funds from the award for the uses specified in
paragraph (5); and
(B) oversee the use of the funds through--
(i) a rigorous, diverse review board comprised of experts
in translational and proof of concept research, including
industry, start-up, venture capital, technical, financial,
and business experts and university technology transfer
officials;
(ii) technology validation milestones focused on market
feasibility;
(iii) simple reporting on program progress; and
(iv) a process to reallocate funding from poor performing
projects to those with more potential.
(4) Criteria.--An award may be made under the pilot program
to a qualifying institution in accordance with the following
criteria:
(A) The extent to which a qualifying institution--
(i) has an established and proven technology transfer or
commercialization office and has a plan for engaging that
office in the program's implementation or has outlined an
innovative approach to technology transfer that has the
potential to increase or accelerate technology transfer
outcomes and can be adopted by other qualifying institutions;
(ii) can assemble a project management board comprised of
industry, start-up, venture capital, technical, financial,
and business experts;
(iii) has an intellectual property rights strategy or
office; and
(iv) demonstrates a plan for sustainability beyond the
duration of the funding from the award.
(B) Such other criteria as the Secretary determines
necessary.
(5) Use of award.--
(A) In general.--Subject to subparagraph (B), the funds
from an award may be used to evaluate the commercial
potential of existing discoveries, including activities that
contribute to determining a project's commercialization path,
including technical validations, market research, clarifying
intellectual property rights, and investigating commercial
and business opportunities.
(B) Limitations.--
(i) The amount of an award may not exceed $500,000 a year.
(ii) Funds from an award may not be used for basic
research, or to fund the acquisition of research equipment or
supplies unrelated to commercialization activities.
(d) Report.--Not later than one year after the
establishment of the pilot program, the Secretary shall
submit to the congressional defense committees and to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report evaluating the
effectiveness of the activities of the pilot program. The
report shall include--
(1) a detailed description of the pilot program, including
incentives and activities undertaken by review board experts;
(2) an accounting of the funds used in the pilot program;
(3) a detailed description of the institutional selection
process;
(4) a detailed compilation of results achieved by the pilot
program; and
(5) an analysis of the program's effectiveness, with data
supporting the analysis.
(e) Qualifying Institution Defined.--In this section, the
term ``qualifying institution'' means a nonprofit
institution, as defined in section 4(3) of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703(3)),
or a Federal laboratory, as defined in section 4(4) of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3703(4)).
(f) Termination.--The pilot program conducted under this
section shall terminate on September 30, 2018.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2014''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except
as provided in subsection (b), all authorizations contained
in titles XXI through XXVII and title XXIX of this division
[[Page H3445]]
for military construction projects, land acquisition, family
housing projects and facilities, and contributions to the
North Atlantic Treaty Organization Security Investment
Program (and authorizations of appropriations therefor) shall
expire on the later of--
(1) October 1, 2016; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2017.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have
been obligated before the later of--
(1) October 1, 2016; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2017 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment Program.
SEC. 2003. EFFECTIVE DATE.
Titles XXI through XXVII and title XXIX shall take effect
on the later of--
(1) October 1, 2013; or
(2) the date of the enactment of this Act.
TITLE XXI--ARMY MILITARY CONSTRUCTION
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103 and available for military construction projects inside
the United States as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Alaska........................ Fort Wainwright....... $103,000,000
Colorado...................... Fort Carson, Colorado. $242,200,000
Florida....................... Eglin AFB............. $4,700,000
Georgia....................... Fort Gordon........... $61,000,000
Hawaii........................ Fort Shafter.......... $65,000,000
Kansas........................ Fort Leavenworth...... $17,000,000
Kentucky...................... Fort Campbell, $4,800,000
Kentucky.............
Maryland...................... Aberdeen Proving $21,000,000
Ground...............
Fort Detrick.......... $7,100,000
Missouri...................... Fort Leonard Wood..... $90,700,000
North Carolina................ Fort Bragg............ $5,900,000
Texas......................... Fort Bliss............ $46,800,000
Virginia...................... Joint Base Langley- $50,000,000
Eustis...............
Washington.................... Joint Base Lewis- $144,000,000
Mcchord..............
Yakima................ $9,100,00
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103 and available for military construction projects outside
the United States as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out the military construction project for
the installation or location outside the United States, and
in the amount, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Marshall Islands............. Kwajalein Atoll......... $63,000,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103 and available for military construction projects at
unspecified worldwide locations as specified in the funding
table in section 4601, the Secretary of the Army may acquire
real property and carry out military construction projects
for unspecified installations or locations in the amounts set
forth in the following table:
Army: Unspecified
----------------------------------------------------------------------------------------------------------------
Location Location or Installation Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified.......................... Unspecified Worldwide Locations.................. $33,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2103 and available for military family housing
functions as specified in the funding table in section 4601,
the Secretary of the Army may construct or acquire family
housing units (including land acquisition and supporting
facilities) at the installations or locations, in the number
of units, and in the amounts set forth in the following
table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation Units Amount
----------------------------------------------------------------------------------------------------------------
Germany................................. South Camp Vilseck........ 29........................ $16,600,000
Wisconsin............................... Fort McCoy................ 56........................ $23,000,000
----------------------------------------------------------------------------------------------------------------
(a) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103 and available for military family housing functions as
specified in the funding table in section 4601, the Secretary
of the Army may carry out architectural and engineering
services and construction design activities with respect to
the construction or improvement of family housing units in an
amount not to exceed $4,408,000.
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2013, for military
construction, land acquisition, and military family housing
functions of the Department of the Army as specified in the
funding table in section 4601.
SEC. 2104. ADDITIONAL AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2004 PROJECT.
(a) Project Authorization.--In connection with the
authorization contained in the table in section 2101(a) of
the Military Construction Authorization Act for Fiscal Year
2004 (division B
[[Page H3446]]
of Public Law 108-136; 117 Stat. 1697) for Picatinny Arsenal,
New Jersey, for construction of a Research and Development
Loading Facility, the Secretary of the Army may carry out a
military construction project in the amount of $4,500,000 to
complete work on the facility within the initial scope of the
project.
(b) Use of Unobligated Prior-year Army Military
Construction Funds.--For the project described in subsection
(a), the Secretary of the Army shall use unobligated Army
military construction funds that were appropriated for a
fiscal year before fiscal year 2014 and are available because
of savings resulting from favorable bids.
(c) Congressional Notification.--The Secretary of the Army
shall provide information in accordance with section 2851(c)
of title 10, United States Code, regarding the project
described in subsection (a). If it becomes necessary to
exceed the estimated project cost, the Secretary shall
utilize the authority provided by section 2853 of such title
regarding authorized cost and scope of work variations.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2010 PROJECT.
In the case of the authorization contained in the table in
section 2101(b) of the Military Construction Authorization
Act for Fiscal Year 2010 (division B of Public Law 111-84;
123 Stat. 2629) for Camp Arifjan, Kuwait, for construction of
APS Warehouses, the Secretary of the Army may construct up to
74,976 square meters of hardstand parking, 22,741 square
meters of access roads, a 6 megawatt power plant, and 50,724
square meters of humidity-controlled warehouses.
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2011 PROJECT.
In the case of the authorization contained in the table in
section 2101(a) of the National Defense Authorization Act for
Fiscal Year 2011 (division B of Public Law 111-383; 124 Stat.
4437) for Joint Base Lewis-McCord, Washington, for
construction of a Regional Logistics Support Complex, the
Secretary of the Army may construct up to 98,381 square yards
of Organizational Vehicle Parking.
SEC. 2107. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2010 PROJECTS.
(a) Extensions.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2010
(division B of Public Law 111-84; 123 Stat. 2627), the
authorizations set forth in the table in subsection (b), as
provided in section 2101 of that Act (126 Stat. 2628) and
extended by section 2106 of the Military Construction
Authorization Act for Fiscal Year 2013 (division B of Public
Law 112-239; 126 Stat. 2121), shall remain in effect until
October 1, 2014, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2015, whichever is later:
(b) Table.--The table referred to in subsection (a) is as
follows:
Army: Extension of 2010 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Virginia............................. Fort Belvoir............ Road and Access Control $9,500,000
Point......................
Washington........................... Fort Lewis.............. Fort Lewis-McChord AFB Joint $9,000,000
Access.....................
Kuwait............................... Camp Arifjian........... APS Warehouses.............. $82,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2108. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2011 PROJECTS.
(a) Extensions.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2011
(division B of Public Law 111-383; 124 Stat. 4436), the
authorizations set forth in the table in subsection (b), as
provided in section 2101 of that Act (124 Stat. 4437), shall
remain in effect until October 1, 2014, or the date of the
enactment of an Act authorizing funds for military
construction for fiscal year 2015, whichever is later:
(b) Table.--The table referred to in subsection (a) is as
follows:
Army: Extension of 2011 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
California............................ Presidio of Monterey....... Advanced Individual Training $63,000,000
Barracks....................
Georgia............................... Fort Benning............... Land Acquisition............. $12,200,000
New Mexico............................ White Sands Missile Range.. Barracks..................... $29,000,000
Germany............................... Wiesbaden Air Base......... Access Control Point......... $5,100,000
----------------------------------------------------------------------------------------------------------------
TITLE XXII--NAVY MILITARY CONSTRUCTION
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204 and available for military construction projects inside
the United States as specified in the funding table in
section 4601, the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California.................................... Barstow........................................ $14,998,000
Camp Pendleton, California..................... $13,124,000
Coronado....................................... $8,910,000
Point Mugu..................................... $24,667,000
Port Hueneme................................... $33,600,000
San Diego...................................... $34,331,000
Twentynine Palms, California................... $33,437,000
Florida....................................... Jacksonville................................... $20,752,000
Key West....................................... $14,001,000
Mayport........................................ $16,093,000
Georgia....................................... Albany......................................... $16,610,000
Savannah....................................... $61,717,000
Guam.......................................... Joint Region Marianas.......................... $318,377,000
Hawaii........................................ Kaneohe Bay.................................... $236,982,000
Pearl City..................................... $30,100,000
Pearl Harbor................................... $57,998,000
Illinois...................................... Great Lakes.................................... $35,851,000
Maryland...................................... Fort Meade..................................... $83,988,000
Maine......................................... Bangor......................................... $13,800,000
[[Page H3447]]
Kittery........................................ $11,522,000
North Carolina................................ Camp Lejeune, North Carolina................... $77,999,000
New River...................................... $45,863,000
Nevada........................................ Fallon......................................... $11,334,000
Oklahoma...................................... Tinker Air Force Base.......................... $14,144,000
Rhode Island.................................. Newport........................................ $12,422,000
South Carolina................................ Charleston..................................... $73,932,000
Virginia...................................... Dam Neck....................................... $10,587,000
Norfolk........................................ $3,380,000
Quantico....................................... $38,374,000
Yorktown....................................... $18,700,000
Washington.................................... Bremerton...................................... $18,189,000
Whidbey Island................................. $117,649,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204 and available for military construction projects outside
the United States as specified in the funding table in
section 4601, the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installation or location outside the United States, and in
the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Djibouti...................................... Camp Lemonier................................... $29,000,000
Japan......................................... Camp Butler..................................... $5,820,000
Japan......................................... Yokosuka........................................ $7,568,000
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization
of appropriations in section 2204 and available for military
family housing functions as specified in the funding table in
section 4601, the Secretary of the Navy may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of family housing units in an amount not to
exceed $4,438,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2204 and available for military
family housing functions as specified in the funding table in
section 4601, the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed
$68,969,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2013, for military
construction, land acquisition, and military family housing
functions of the Department of the Navy, as specified in the
funding table in section 4601.
SEC. 2205. LIMITATION ON PROJECT AUTHORIZATION TO CARRY OUT
CERTAIN FISCAL YEAR 2014 PROJECT.
The Secretary of the Navy may not obligate or expend any
funds authorized in this title for land acquisition related
to the Townsend Bombing Range near Savannah, Georgia, until
the Secretary certifies in writing to the congressional
defense committees that the Secretary has entered into
mutually-acceptable agreements with the governments of Long
and McIntosh Counties, Georgia, that--
(1) include specific arrangements to mitigate any economic
hardships to be incurred by the counties as a result of
revenue loss caused by the acquisition; or
(2) affirm that no compensation is required from the
Secretary before the acquisition proceeds.
SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2011 PROJECT.
In the case of the authorization contained in the table in
section 2201(b) of the Military Construction Authorization
Act for Fiscal Year 2011 (division B of Public Law 111-383;
124 Stat. 4441) for Southwest Asia, Bahrain, for construction
of Navy Central Command Ammunition Magazines, the Secretary
of the Navy may construct additional Type C earth covered
magazines (to provide a project total of eighteen), ten new
modular storage magazines, an inert storage facility, a
maintenance and ground support equipment facility, concrete
pads for portable ready service lockers, and associated
supporting facilities using appropriations available for the
project.
SEC. 2207. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2012 PROJECT.
In the case of the authorization contained in the table in
section 2201(a) of the Military Construction Authorization
Act for Fiscal Year 2012 (division B of Public Law 112-81;
125 Stat. 1666) for Kitsap, Washington, for construction of
Explosives Handling Wharf No. 2, the Secretary of the Navy
may construct new hardened facilities in lieu of hardening
existing structures and a new facility to replace the
existing Coast Guard Maritime Force Protection Unit and the
Naval Undersea Warfare Command unhardened facilities using
appropriations available for the project.
SEC. 2208. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2011 PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2011
(division B of Public Law 111-383; 124 Stat. 4436), the
authorizations set forth in the table in subsection (b), as
provided in section 2201 of that Act (124 Stat. 4441), shall
remain in effect until October 1, 2014, or the date of the
enactment of an Act authorizing funds for military
construction for fiscal year 2015, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Navy: Extension of 2011 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Bahrain................................. Southwest Asia............ Navy Central Command $89,280,000
Ammunition Magazines.....
Guam.................................... Naval Activities.......... Defense Access Roads $66,730,000
Improvements.............
----------------------------------------------------------------------------------------------------------------
[[Page H3448]]
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304 and available for military construction projects inside
the United States as specified in the funding table in
section 4601, the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona......................................... Luke Air Force Base........................ $26,900,000
California...................................... Beale Air Force Base....................... $62,000,000
Florida......................................... Tyndall Air Force Base..................... $9,100,000
Guam............................................ Joint Region Marianas...................... $176,230,000
Hawaii.......................................... Joint Base Pearl Harbor-Hickam............. $4,800,000
Kansas.......................................... McConnell Air Force Base................... $219,120,000
Kentucky........................................ Fort Campbell, Kentucky.................... $8,000,000
Mariana Islands................................. Saipan..................................... $29,300,000
Maryland........................................ Fort Meade................................. $358,000,000
Joint Base Andrews......................... $30,000,000
Missouri........................................ Whiteman Air Force Base.................... $5,900,000
North Dakota.................................... Minot Air Force Base....................... $23,830,000
New Mexico...................................... Cannon Air Force Base...................... $34,100,000
Holloman Air Force Base.................... $2,250,000
Kirtland Air Force Base.................... $30,500,000
Nevada.......................................... Nellis Air Force Base...................... $78,500,000
Oklahoma........................................ Altus Air Force Base....................... $30,850,000
Tinker Air Force Base...................... $8,600,000
Texas........................................... Fort Bliss................................. $3,350,000
Utah............................................ Hill Air Force Base........................ $32,000,000
Virginia........................................ Joint Base Langley-Eustis.................. $4,800,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304 and available for military construction projects outside
the United States as specified in the funding table in
section 4601, the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation Amount
----------------------------------------------------------------------------------------------------------------
Greenland...................................... Thule AB....................................... $43,904,000
United Kingdom................................. RAF Lakenheath................................. $22,047,000
----------------------------------------------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization
of appropriations in section 2304 and available for military
family housing functions as specified in the funding table in
section 4601, the Secretary of the Air Force may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of family housing units in an amount not to
exceed $4,267,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2304 and available for military
family housing functions as specified in the funding table in
section 4601, the Secretary of the Air Force may improve
existing military family housing units in an amount not to
exceed $72,093,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2013, for military
construction, land acquisition, and military family housing
functions of the Department of the Air Force, as specified in
the funding table in section 4601.
SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2013 PROJECT.
The table in section 2301(b) of the Military Construction
Authorization Act for Fiscal Year 2013 (division B of Public
Law 112-239; 126 Stat. 2126) is amended in the item relating
to Andersen Air Force Base, Guam, for construction of a
hangar by striking ``$58,000,000'' in the amount column and
inserting ``$128,000,000''.
SEC. 2306. LIMITATION ON PROJECT AUTHORIZATION TO CARRY OUT
CERTAIN FISCAL YEAR 2014 PROJECT.
The Secretary of the Air Force may not obligate or expend
any funds authorized in this title for the construction of a
maintenance facility, a hazardous cargo pad, or an airport
storage facility at Saipan, Commonwealth of the Northern
Mariana Islands, until the Secretary certifies to Congress
that the Secretary will purchase an interest in the real
estate associated with these military construction projects.
SEC. 2307. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR
2011 PROJECT.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2011
(division B of Public Law 111-383; 124 Stat. 4436), the
authorization set forth in the table in subsection (b), as
provided in section 2301 of that Act (124 Stat. 4444), shall
remain in effect until October 1, 2014, or the date of the
enactment of an Act authorizing funds for military
construction for fiscal year 2015, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Air Force: Extension of 2011 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Bahrain............................... Southwest Asia........... North Apron Expansion....... $45,000,000
----------------------------------------------------------------------------------------------------------------
[[Page H3449]]
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Subtitle A--Defense Agency Authorizations
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403 and available for military construction projects inside
the United States as specified in the funding table in
section 4601, the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska.......................................... Clear Air Force Base....................... $17,204,000
Fort Greely................................ $82,000,000
California...................................... Brawley.................................... $23,095,000
Defense Distribution Depot-Tracy........... $37,554,000
Miramar.................................... $6,000,000
Colorado........................................ Fort Carson, Colorado...................... $22,282,000
Florida......................................... Hurlburt Field............................. $7,900,000
Jacksonville............................... $7,500,000
Panama City................................ $2,600,000
Tyndall Air Force Base..................... $9,500,000
Georgia......................................... Fort Benning............................... $43,335,000
Fort Stewart, Georgia...................... $44,504,000
Hunter Army Airfield....................... $13,500,000
Moody Air Force Base....................... $3,800,000
Hawaii.......................................... Ford Island................................ $2,615,000
Joint Base Pearl Harbor-Hickam............. $2,800,000
Kentucky........................................ Fort Campbell, Kentucky.................... $124,211,000
Fort Knox.................................. $303,023,000
Massachusetts................................... Hanscom Air Force Base..................... $36,213,000
Maryland........................................ Aberdeen Proving Ground.................... $210,000,000
Bethesda Naval Hospital.................... $66,800,000
North Carolina.................................. Camp Lejeune............................... $28,977,000
Fort Bragg................................. $172,065,000
North Dakota.................................... Minot Air Force Base....................... $6,400,000
New Jersey...................................... Joint Base Mcguire-Dix-Lakehurst........... $10,000,000
New Mexico...................................... Holloman Air Force Base.................... $81,400,000
Oklahoma........................................ Altus Air Force Base....................... $2,100,000
Tinker Air Force Base...................... $36,000,000
Pennsylvania.................................... Defense Distribution Depot New Cumberland.. $9,000,000
South Carolina.................................. Beaufort................................... $41,324,000
Tennessee....................................... Arnold Air Force Base...................... $2,200,000
Texas........................................... Joint Base San Antonio..................... $12,600,000
Virginia........................................ Defense Distribution Depot Richmond........ $87,000,000
Joint Expeditionary Base Little Creek - $30,404,000
Story.....................................
Pentagon................................... $59,450,000
Quantico................................... $40,586,000
Washington...................................... Whidbey Island............................. $10,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403 and available for military construction projects outside
the United States as specified in the funding table in
section 4601, the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Bahrain Island.................................. Southwest Asia............................. $45,400,000
Belgium......................................... Brussels................................... $67,613,000
Germany......................................... Kaiserlautern Air Base..................... $49,907,000
Ramstein Air Base.......................... $98,762,000
Weisbaden.................................. $109,655,000
Japan........................................... Atsugi..................................... $4,100,000
Iwakuni.................................... $34,000,000
Kadena Air Base............................ $38,792,000
Torri Commo Station........................ $63,621,000
Yokosuka................................... $10,600,000
Korea, Republic Of.............................. Camp Walker................................ $52,164,000
United Kingdom.................................. Raf Mildenhall............................. $84,629,000
[[Page H3450]]
Royal Air Force Lakenheath................. $69,638,000
----------------------------------------------------------------------------------------------------------------
(c) Unspecified Classified.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403 and available for military construction projects at
unspecified worldwide locations as specified in the funding
table in section 4601, the Secretary of Defense may acquire
real property and carry out military construction projects
for unspecified installations or locations in the amounts set
forth in the following table:
Defense Agencies: Classified
----------------------------------------------------------------------------------------------------------------
Location Location or Installation Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Classified........................... Classified Worldwide Locations................... $15,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2402. AUTHORIZED ENERGY CONSERVATION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403 and available for energy conservation projects inside
the United States as specified in the funding table in
section 4601, the Secretary of Defense may carry out energy
conservation projects under chapter 173 of title 10, United
States Code, for the installations or locations inside the
United States, and in the amounts, set forth in the following
table:
Energy Conservation Projects: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................ Anniston Army Depot......................... $2,700,000
California..................................... MCAS Miramar................................ $17,968,000
Parks DRTA.................................. $4,150,000
Florida........................................ NAS Jacksonville............................ $2,840,000
Hawaii......................................... Camp Smith.................................. $7,966,000
Hickam...................................... $3,100,000
Hickam...................................... $3,000,000
Indiana........................................ Mt. Home.................................... $2,630,000
Kansas......................................... Tokepka Readiness Center.................... $2,050,000
Massachusetts.................................. Devens...................................... $2,600,000
New York....................................... US Military Academy......................... $3,200,000
South Carolina................................. Shaw........................................ $2,500,000
Texas.......................................... NAS Corpus Christi.......................... $2,340,000
Sheppard.................................... $3,779,000
Laughlin.................................... $2,800,000
Utah........................................... Dugway Proving Ground....................... $9,966,000
Tooele Army Depot........................... $5,900,000
Tooele Army Depot........................... $5,500,000
Tooele Army Depot........................... $4,300,000
Virginia....................................... NSA Hampton Roads........................... $4,060,000
Pentagon.................................... $2,120,000
Various Locations.............................. Various Locations........................... $20,476,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403 and available for energy conservation projects outside
the United States as specified in the funding table in
section 4601, the Secretary of Defense may carry out energy
conservation projects under chapter 173 of title 10, United
States Code, for the installations or locations outside the
United States, and in the amounts, set forth in the following
table:
Energy Conservation Projects: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Italy.......................................... NAS Sigonella............................... $3,300,000
Japan.......................................... CFA Sasebo.................................. $14,766,000
Japan.......................................... Yokota...................................... $5,674,000
Germany........................................ Ramstein.................................... $2,140,000
Greenland...................................... Thule....................................... $5,175,000
Various Locations.............................. Various Locations........................... $3,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2013, for military
construction, land acquisition, and military family housing
functions of the Department of Defense (other than the
military departments), as specified in the funding table in
section 4601.
Subtitle B--Chemical Demilitarization Authorizations
SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL
DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2013, for military
construction and land acquisition for chemical
demilitarization, as specified in the funding table in
section 4601.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Security Investment
Program as provided in section 2806 of title 10, United
States Code, in an amount not to exceed the sum of the amount
authorized to be appropriated for this purpose in section
2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed
by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2013, for contributions
by the Secretary of Defense under section 2806 of title 10,
United States Code, for the share of the United States of the
cost of projects for the North Atlantic Treaty Organization
Security Investment Program authorized by section 2501 as
specified in the funding table in section 4601.
[[Page H3451]]
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Subtitle A--Project Authorizations and Authorization of Appropriations
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
Army National Guard locations inside the United States, and
in the amounts, set forth in the following table:
Army National Guard: Inside the United States
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
Alabama........................ Decatur............... $4,000,000
Arkansas....................... Fort Chaffee.......... $21,000,000
Florida........................ Pinellas Park......... $5,700,000
Illinois....................... Kankakee.............. $42,000,000
Massachusetts.................. Camp Edwards.......... $19,000,000
Michigan....................... Camp Grayling......... $17,000,000
Minnesota...................... Stillwater............ $17,000,000
Missouri....................... Macon................. $9,100,000
Whiteman AFB.......... $5,000,000
Mississippi.................... Camp Shelby........... $3,000,000
Pascagoula............ $4,500,000
New York....................... New York.............. $31,000,000
Ohio........................... Ravenna Army $5,200,000
Ammunition Plant.
Pennsylvania................... Fort Indiantown Gap... $40,000,000
Puerto Rico.................... Camp Santiago......... $5,600,000
South Carolina................. Greenville............ $26,000,000
Texas.......................... Fort Worth............ $14,270,000
Wyoming........................ Afton................. $10,200,000
------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
Army Reserve locations inside the United States, and in the
amounts, set forth in the following table:
Army Reserve
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
California..................... Camp Parks............ $17,500,000
Fort Hunter Liggett... $16,500,000
Maryland....................... Bowie................. $25,500,000
North Carolina................. Fort Bragg............ $24,500,000
New Jersey..................... Joint Base Mcguire-Dix- $36,200,000
Lakehurst.
New York....................... Bullville............. $14,500,000
Wisconsin...................... Fort Mccoy............ $23,400,000
------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Navy may acquire real
property and carry out military construction projects for the
Navy Reserve and Marine Corps Reserve locations inside the
United States, and in the amounts, set forth in the following
table:
Navy Reserve and Marine Corps Reserve
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
California................... March Air Force Base.... $11,086,000
Missouri..................... Kansas City............. $15,020,000
Tennessee.................... Memphis................. $4,330,000
------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization
of appropriations in section 2606 and available for the
National Guard and Reserve as specified in the funding table
in section 4601, the Secretary of the Air Force may acquire
real property and carry out military construction projects
for the Air National Guard locations inside the United
States, and in the amounts, set forth in the following table:
[[Page H3452]]
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................ Birmingham International Airport.............. $8,500,000
Indiana........................................ Hulman Regional Airport....................... $7,300,000
Montana........................................ Great Falls International Airport............. $22,000,000
New York....................................... Fort Drum, New York........................... $4,700,000
Ohio........................................... Springfield Beckley-Map....................... $7,200,000
Pennsylvania................................... Fort Indiantown Gap........................... $7,700,000
Rhode Island................................... Quonset State Airport......................... $6,000,000
Tennessee...................................... Mcghee-Tyson Airport.......................... $18,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization
of appropriations in section 2606 and available for the
National Guard and Reserve as specified in the funding table
in section 4601, the Secretary of the Air Force may acquire
real property and carry out military construction projects
for the Air Force Reserve locations inside the United States,
and in the amounts, set forth in the following table:
Air Force Reserve
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
California................... March Air Force Base.... $19,900,000
Florida...................... Homestead Air Reserve $9,800,000
Base.
Oklahoma..................... Tinker Air Force Base... $12,200,000
------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD
AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2013, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 1803 of title
10, United States Code (including the cost of acquisition of
land for those facilities), as specified in the funding table
in section 4601.
Subtitle B--Other Matters
SEC. 2611. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2013 PROJECT.
In the case of the authorization contained in the table in
section 2603 of the Military Construction Authorization Act
for Fiscal Year 2013 (division B of Public Law 112-239; 126
Stat. 2135) for Fort Des Moines, Iowa, for construction of a
Joint Reserve Center at that location, the Secretary of the
Navy may, instead of constructing a new facility at Camp
Dodge, acquire up to approximately 20 acres to construct a
Joint Reserve Center and associated supporting facilities in
the greater Des Moines, Iowa, area using amounts appropriated
for the project pursuant to the authorization of
appropriations in section 2606 of such Act (126 Stat. 2136).
SEC. 2612. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2011 PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2011
(division B of Public Law 111-383; 124 Stat. 4436), the
authorizations set forth in the table in subsection (b), as
provided in sections 2601, 2602, and 2604 of that Act (124
Stat. 4452, 4453, 4454), shall remain in effect until October
1, 2014, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2015,
whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Extension of 2011 National Guard and Reserve Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Puerto Rice............................. Camp Santiago.............. Multi Purpose Machine Gun $9,200,000
Range.....................
Tennessee............................... Nashville International Intelligence Group and $5,500,000
Airport................... Remotely Piloted Aircraft
Remote Split Operations
Group.....................
Virginia................................ Fort Story................. Army Reserve Center........ $11,000,000
----------------------------------------------------------------------------------------------------------------
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Subtitle A--Authorization of Appropriations
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE
REALIGNMENT AND CLOSURE ACTIVITIES FUNDED
THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2013, for base
realignment and closure activities, including real property
acquisition and military construction projects, as authorized
by the Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
and funded through the Department of Defense Base Closure
Account established by section 2906 of such Act (as amended
by section 2711 of the Military Construction Authorization
Act for Fiscal Year 2013 (division B of Public Law 112-239;
126 Stat. 2140)), as specified in the funding table in
section 4601.
Subtitle B--Other Matters
SEC. 2711. PROHIBITION ON CONDUCTING ADDITIONAL BASE
REALIGNMENT AND CLOSURE (BRAC) ROUND.
Nothing in this Act shall be construed to authorize an
additional Base Realignment and Closure (BRAC) round, and
none of the funds appropriated pursuant to the authorization
of appropriations contained in this Act may be used to
propose, plan for, or execute an additional BRAC round.
SEC. 2712. ELIMINATION OF QUARTERLY CERTIFICATION REQUIREMENT
REGARDING AVAILABILITY OF MILITARY HEALTH CARE
IN NATIONAL CAPITAL REGION.
Section 1674(c) of the Wounded Warrior Act (title XVI of
Public Law 110-181; 122 Stat. 483) is amended by striking
``on a quarterly basis''.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. MODIFICATION OF AUTHORITY TO CARRY OUT UNSPECIFIED
MINOR MILITARY CONSTRUCTION.
(a) Increased Threshold for Application of Secretory
Approval and Congressional Notification Requirements.--
Subsection (b)(1) of section 2805 of title 10, United States
Code, is amended by striking ``$750,000'' and inserting
``$1,000,000''.
(b) Increase in Maximum Amount of Operation and Maintenance
Funds Authorized to Be Used for Certain Projects.--Subsection
(c)(1)(B) of such section is amended by striking ``$750,000''
and inserting ``$1,000,000''.
(c) Annual Location Adjustment of Dollar Limitations.--Such
section is further amended by adding at the end the following
new subsection:
[[Page H3453]]
``(f) Adjustment of Dollar Limitations for Location.--Each
fiscal year, the Secretary concerned shall adjust the dollar
limitations specified in this section applicable to an
unspecified minor military construction project to reflect
the area construction cost index for military construction
projects published by the Department of Defense during the
prior fiscal year for the location of the project.''.
SEC. 2802. REPEAL OF REQUIREMENTS FOR LOCAL COMPARABILITY OF
ROOM PATTERNS AND FLOOR AREAS FOR MILITARY
FAMILY HOUSING AND SUBMISSION OF NET FLOOR AREA
INFORMATION.
(a) Repeal.--Section 2826 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter II of chapter 169 of such title is
amended by striking the item relating to section 2826.
SEC. 2803. REPEAL OF SEPARATE AUTHORITY TO ENTER INTO LIMITED
PARTNERSHIPS WITH PRIVATE DEVELOPERS OF
HOUSING.
(a) Repeal.--
(1) In general.--Section 2837 of title 10, United States
Code, is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter II of chapter 169 of such title is
amended by striking the item relating to section 2837.
(b) Effect on Existing Contracts.--The repeal of section
2837 of title 10, United States Code, shall not affect the
validity or terms of any contract in connection with a
limited partnership under subsection (a) or a collateral
incentive agreement under subsection (b) of such section
entered into before the date of the enactment of this Act.
(c) Effect on Defense Housing Investment Account.--Any
unobligated amounts remaining in the Defense Housing
Investment Account on the date of the enactment of this Act
shall be transferred to the Department of Defense Family
Housing Improvement Fund. Amounts transferred shall be merged
with amounts in such fund and shall be available for the same
purposes, and subject to the same conditions and limitations,
as amounts in such fund.
SEC. 2804. MILITARY CONSTRUCTION STANDARDS TO REDUCE
VULNERABILITY OF STRUCTURES TO TERRORIST
ATTACK.
Section 2859(a)(2) of title 10, United States Code, is
amended by striking ``develop construction standards
designed'' and inserting ``develop construction standards
that, taking into consideration the probability of a
terrorist attack, are designed''.
SEC. 2805. TREATMENT OF PAYMENTS RECEIVED FOR PROVIDING
UTILITIES AND SERVICES IN CONNECTION WITH USE
OF ALTERNATIVE AUTHORITY FOR ACQUISITION AND
IMPROVEMENT OF MILITARY HOUSING.
(a) Crediting of Payments.--Section 2872a(c)(2) of title
10, United States Code, is amended by striking ``from which
the cost of furnishing the utilities or services concerned
was paid'' and inserting ``available to the Secretary
concerned to furnish utilities or services under subsection
(a)''.
(b) Application of Amendment.--The amendment made by
subsection (a) shall apply only with respect to cash payments
received under subsection (c)(1) of section 2872a of title
10, United States Code, as reimbursement for utilities or
services furnished, after the date of the enactment of this
Act, under subsection (a) of such section.
SEC. 2806. REPEAL OF ADVANCE NOTIFICATION REQUIREMENT FOR USE
OF MILITARY HOUSING INVESTMENT AUTHORITY.
Section 2875 of title 10, United States Code, is amended by
striking subsection (e).
SEC. 2807. ADDITIONAL ELEMENT FOR ANNUAL REPORT ON MILITARY
HOUSING PRIVATIZATION PROJECTS.
Section 2884(c)(3) of title 10, United States Code, is
amended by inserting before the period at the end the
following: ``, to specifically include any variances
associated with litigation costs''.
SEC. 2808. EXTENSION OF TEMPORARY, LIMITED AUTHORITY TO USE
OPERATION AND MAINTENANCE FUNDS FOR
CONSTRUCTION PROJECTS IN CERTAIN AREAS OUTSIDE
THE UNITED STATES.
Section 2808(h) of the Military Construction Authorization
Act for Fiscal Year 2004 (division B of Public Law 108-136;
117 Stat. 1723), as most recently amended by section 2804 of
the Military Construction Authorization Act for Fiscal Year
2013 (division B of Public Law 112-239; 126 Stat. 2149), is
further amended--
(1) in paragraph (1), by striking ``September 30, 2013''
and inserting ``September 30, 2014''; and
(2) in paragraph (2), by striking ``fiscal year 2014'' and
inserting ``fiscal year 2015''.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. CODIFICATION OF POLICIES AND REQUIREMENTS
REGARDING CLOSURE AND REALIGNMENT OF UNITED
STATES MILITARY INSTALLATIONS IN FOREIGN
COUNTRIES.
(a) Redesignation of Existing Reporting Requirement.--
Section 2687a of title 10, United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) of subsection
(a) as subparagraphs (A) and (B), respectively;
(2) by redesignating paragraphs (1), (2), and (3) of
subsection (b) as subparagraphs (A), (B), and (C),
respectively, and in subparagraph (A), as redesignated, by
striking ``subsection (a)(2)'' and inserting ``paragraph
(1)(B)'';
(3) by striking ``(b) Report Elements.--A report under
subsection (a)'' and inserting ``(2) A report under paragraph
(1)''; and
(4) by striking ``(a) Annual Status Report.--''and
inserting ``(b) Annual Report on Status of Overseas Closures
and Realignments and Master Plans.--(1)''.
(b) Transfer of Provisions.--
(1) Sense of congress.--Subsection (a) of section 2921 of
the National Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510; 10 U.S.C. 2687 note)--
(A) is transferred to section 2687a of title 10, United
States Code; and
(B) is inserted after the heading of such section as
subsection (a).
(2) Other provisions.--Subsections (c), (d), (f), and (g)
of such section 2921--
(A) are transferred to section 2687a of title 10, United
States Code;
(B) are inserted at the end of such section in that order;
and
(C) are redesignated as subsections (c), (d), (e), and (f)
of such section; respectively.
(3) Definitions.--Section 2687a of title 10, United States
Code, is further amended by adding after subsection (f), as
added and redesignated by paragraph (2), the following new
subsection:
``(g) Definitions.--In this section:
``(1) The term `fair market value of the improvements'
means the value of improvements determined by the Secretary
of Defense on the basis of their highest use.
``(2) The term `improvements' includes new construction of
facilities and all additions, improvements, modifications, or
renovations made to existing facilities or to real property,
without regard to whether they were carried out with
appropriated or nonappropriated funds.''.
(c) Conforming Amendments.--Section 2687a of title 10,
United States Code, is further amended--
(1) in subsection (c), as transferred and redesignated by
subsection (b)(2)--
(A) in paragraph (1)--
(i) by striking ``Establishment of'';
(ii) by striking the first sentence; and
(iii) in the second sentence, by striking ``such account''
and inserting ``the Department of Defense Overseas Military
Facility Investment Recovery Account''; and
(B) in paragraph (2)(B), by striking ``Armed Forces'' and
inserting ``armed forces'';
(2) in subsection (d), as transferred and redesignated by
subsection (b)(2)--
(A) in paragraph (1), by inserting ``(Public Law 100-526;
10 U.S.C. 2687 note)'' after ``Realignment Act''; and
(B) in paragraph (2)--
(i) in subparagraph (A)(i), by striking ``section 2685 of
title 10, United States Code'' and inserting ``section 2685
of this title''; and
(ii) in paragraph (2), by striking ``Armed Forces'' both
places it appears and inserting ``armed forces''; and
(3) in subsection (f), as transferred and redesignated by
subsection (b)(2), by striking ``section 480 of title 10,
United States Code'' in paragraph (3) and inserting ``section
480 of this title 10''.
(d) Repeal of Superseded Provisions.--
(1) Repeal.--Section 2921 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510;
10 U.S.C. 2687 note) is repealed.
(2) Treatment of special account.--The repeal of such
section shall not affect the Department of Defense Overseas
Military Facility Investment Recovery Account established by
subsection (c)(1) of such section, amounts in such account,
or the continued use of such account as provided in section
2687a of title 10, United States Code, as amended by this
section.
Subtitle C--Energy Security
SEC. 2821. CONTINUATION OF LIMITATION ON USE OF FUNDS FOR
LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN
(LEED) GOLD OR PLATINUM CERTIFICATION.
Section 2830(b)(1) of the Military Construction
Authorization Act for Fiscal Year 2012 (division B of Public
Law 112-81; 125 Stat. 1695), as amended by section 2823(b) of
the Military Construction Authorization Act for Fiscal Year
2013 (division B of Public Law 112-239; 126 Stat. 2153), is
amended by striking ``or 2013'' and inserting ``, 2013, or
2014''.
Subtitle D--Provisions Related to Asia-Pacific Military Realignment
SEC. 2831. CHANGE FROM PREVIOUS CALENDAR YEAR TO PREVIOUS
FISCAL YEAR FOR PERIOD COVERED BY ANNUAL REPORT
OF INTERAGENCY COORDINATION GROUP OF INSPECTORS
GENERAL FOR GUAM REALIGNMENT.
Section 2835(e)(1) of the Military Construction
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10
U.S.C. 2687 note) is amended in the first sentence by
striking ``calendar year'' and inserting ``fiscal year''.
SEC. 2832. REPEAL OF CERTAIN RESTRICTIONS ON REALIGNMENT OF
MARINE CORPS FORCES IN ASIA-PACIFIC REGION.
Section 2832 of the Military Construction Authorization Act
for Fiscal Year 2013 (division B of Public Law 112-239; 126
Stat. 2155) is repealed.
Subtitle E--Land Conveyances
SEC. 2841. REAL PROPERTY ACQUISITION, NAVAL BASE VENTURA
COUNTY, CALIFORNIA.
(a) Authority.--The Secretary of the Navy may acquire all
right, title, and interest in and to real property, including
improvements thereon, located at Naval Base Ventura County,
California, that was initially constructed under the former
section 2828(g) of title 10, United States Code (commonly
known as the ``Build to Lease program''), as added by section
801 of the Military Construction Authorization Act, 1984
(Public Law 98-115; 97 Stat 782).
[[Page H3454]]
(b) Use.--Upon acquiring the real property under subsection
(a), the Secretary of the Navy may use the improvements as
provided in sections 2835 and 2835a of title 10, United
States Code.
SEC. 2842. LAND CONVEYANCE, FORMER OXNARD AIR FORCE BASE,
VENTURA COUNTY, CALIFORNIA.
(a) Conveyance Authorized.--The Secretary of the Navy may
convey, without consideration, to Ventura County, California
(in this section referred to as the ``County''), all right,
title, and interest of the United States in and to the real
property, including any improvements thereon, consisting of
former Oxnard Air Force Base for the purpose of permitting
the County to use the property for public purposes.
(b) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Navy shall
require the County to cover costs (except costs for
environmental remediation of the property) to be incurred by
the Secretary, or to reimburse the Secretary for such costs
incurred by the Secretary, to carry out the conveyance under
subsection (a), including survey costs, costs for
environmental documentation, and any other administrative
costs related to the conveyance. If amounts are collected
from the County in advance of the Secretary incurring the
actual costs, and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to
the County.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the
fund or account that was used to cover those costs incurred
by the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or
account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in
such fund or account.
(c) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Secretary of the Navy.
(d) Additional Terms.--The Secretary of the Navy may
require such additional terms and conditions in connection
with the conveyance as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2843. LAND CONVEYANCE, PHILADELPHIA NAVAL SHIPYARD,
PHILADELPHIA, PENNSYLVANIA.
(a) Conveyance Authorized.--The Secretary of the Navy may
convey to the Philadelphia Regional Port Authority (in this
section referred to as the ``Port Authority'') all right,
title, and interest of the United States in and to a parcel
of real property, including any improvements thereon,
consisting of approximately .595 acres located at the
Philadelphia Naval Shipyard, Philadelphia, Pennsylvania. The
Secretary may void any land use restrictions associated with
the property to be conveyed under this subsection.
(b) Consideration.--
(1) Amount and determination.--As consideration for the
conveyance under subsection (a), the Port Authority shall pay
to the Secretary of the Navy an amount that is not less than
the fair market value of the property conveyed, as determined
by the Secretary. The Secretary's determination of fair
market value shall be final. In lieu of all or a portion of
cash payment of consideration, the Secretary may accept in-
kind consideration.
(2) Treatment of cash consideration.--The Secretary shall
deposit any cash payment received under paragraph (1) in the
special account in the Treasury established for that
Secretary under subsection (e) of section 2667 of title 10,
United States Code. The entire amount deposited shall be
available for use in accordance with paragraph (1)(D) of such
subsection.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Navy shall
require the Port Authority to reimburse the Secretary to
cover costs (except costs for environmental remediation of
the property) to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyance under subsection (a), including
survey costs, costs related to environmental documentation,
and any other administrative costs related to the conveyance.
If amounts are collected in advance of the Secretary
incurring the actual costs, and the amount collected exceeds
the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to
the Port Authority.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the
fund or account that was used to cover those costs incurred
by the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account
and shall be available for the same purposes, and subject to
the same conditions and limitations, as amounts in such fund
or account.
(d) Compliance With Environmental Laws.--Nothing in this
section shall be construed to affect or limit the application
of, or any obligation to comply with, any environmental law,
including the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.).
(e) Description of Property.--The exact acreage and legal
description of the parcel of real property to be conveyed
under subsection (a) shall be determined by a survey
satisfactory to the Secretary of the Navy.
(f) Additional Terms and Conditions.--The Secretary of the
Navy may require such additional terms and conditions in
connection with the conveyance under subsection (a) as the
Secretary considers appropriate to protect the interests of
the United States.
SEC. 2844. LAND CONVEYANCE, CAMP WILLIAMS, UTAH.
(a) Conveyance Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of the
Interior, acting through the Bureau of Land Management, shall
convey, without consideration, to the State of Utah all
right, title, and interest of the United States in and to
certain lands comprising approximately 420 acres, as
generally depicted on a map entitled ``Proposed Camp Williams
Land Transfer'' and dated June 14, 2011, which are located
within the boundaries of the public lands currently withdrawn
for military use by the Utah National Guard and known as Camp
Williams, Utah, for the purpose of permitting the Utah
National Guard to use the conveyed land as provided in
subsection (c).
(b) Supersedence of Executive Order.--Executive Order No.
1922 of April 24, 1914, as amended by section 907 of the Camp
W.G. Williams Land Exchange Act of 1989 (title IX of Public
Law 101-628; 104 Stat. 4501), is hereby superseded, only
insofar as it affects the lands identified for conveyance to
the State of Utah under subsection (a).
(c) Reversionary Interest.--The lands conveyed to the State
of Utah under subsection (a) shall revert to the United
States if the Secretary of Defense determines that the land,
or any portion thereof, is sold or attempted to be sold, or
that the land, or any portion thereof, is used for non-
National Guard or non-national defense purposes.
(d) Hazardous Materials.--With respect to any portion of
the land conveyed under subsection (a) that the Secretary of
Defense determines is subject to reversion under subsection
(c), if the Secretary of Defense also determines that the
portion of the conveyed land contains hazardous materials,
the State of Utah shall pay the United States an amount equal
to the fair market value of that portion of the land, and the
reversionary interest shall not apply to that portion of the
land.
SEC. 2845. CONVEYANCE, AIR NATIONAL GUARD RADAR SITE, FRANCIS
PEAK, WASATCH MOUNTAINS, UTAH.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, without consideration, to the State of Utah (in
this section referred to as the ``State''), all right, title,
and interest of the United States in and to the structures,
including equipment and any other personal property related
thereto, comprising the Air National Guard radar site located
on Francis Peak, Utah, for the purpose of permitting the
State to use the structures to support emergency public
safety communications, including 911 emergency response
service for Northern Utah.
(b) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Air Force may
require the State to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for costs incurred
by the Secretary, to carry out the conveyance under
subsection (a), including survey costs, costs related to
environmental documentation, and other administrative costs
related to the conveyance. If amounts paid to the Secretary
in advance exceed the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary shall
refund the excess amount to the State.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or
account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in
such fund or account.
(c) Description of Property.--The exact inventory of
equipment and other personal property to be conveyed under
subsection (a) shall be determined by the Secretary of the
Air Force.
(d) Time of Conveyance.--The conveyance under this section
shall occur as soon as practicable after the date of the
enactment of this Act. Until such time as the conveyance
occurs, the Secretary of the Air Force shall take no action
with regard to the structures described in subsection (a)
that will result in the likely disruption of emergency
communications by the State and local authorities.
(e) Additional Terms and Conditions.--The Secretary of the
Air Force may require such additional terms and conditions in
connection with the conveyance under subsection (a) as the
Secretary considers appropriate to protect the interests of
the United States.
(f) Continuation of Land Use Permit.--The conveyance of the
structures under subsection (a) shall not affect the validity
and continued applicability of the land use permit, in effect
on the date of the enactment of this Act, that was issued by
the Forest Service for placement and use of the structures.
(g) Duration of Authority.--The authority to make a
conveyance under this section shall expire on the later of--
(1) September 30, 2014; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2015.
SEC. 2846. LAND CONVEYANCE, FORMER FORT MONROE, HAMPTON,
VIRGINIA.
(a) Sense of Congress Regarding Need for Conveyance.--It is
the sense of Congress that--
(1) the historic features of former Fort Monroe in Hampton,
Virginia, are being degraded because of the lack of
Department of the Army facility sustainment associated with
the former Fort Monroe; and
(2) it is in the best interest of the Secretary of the Army
and the Commonwealth of Virginia (in this section referred to
as the ``Commonwealth'') to expeditiously convey, consistent
with the Fort Monroe Reuse Plan and the Programmatic
[[Page H3455]]
Agreement dated April 27, 2009, certain portions of former
Fort Monroe to the Commonwealth.
(b) Conveyance Authorized.--Pursuant to 2905(b)(4) of the
Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), the
Secretary of the Army shall convey to the Commonwealth all
right, title, and interest of the United States in and to
approximately 70.431 acres of real property at former Fort
Monroe depicted as areas 4-1 and 4-2 on the map titled ``Plat
Showing 8 Parcels of Land Totaling +/-564.519 Acres Situated
on Fort Monroe, Virginia, Boundary Survey'', prepared by the
Norfolk District, Army Corps of Engineers, and dated August
17, 2009 (in this section referred to as the ``Map'').
(c) Timing of Conveyance.--The Secretary of the Army shall
exercise the authority provided by subsection (b) only
concurrent, as near in time as possible, with the reversion
to the Commonwealth of approximately 371.77 acres of property
depicted as areas 3 and 5 on the Map.
(d) Conditions of Conveyance.--As a condition of the
conveyance of real property under subsection (b)--
(1) the Commonwealth shall enter into an agreement with the
Secretary of the Army to share equally with the United
States, after conveyance of property areas 4-1 and 4-2, the
net proceeds derived from any subsequent conveyance of these
parcels to third-party buyers or from any lease of areas 4-1
or 4-2, payable over a period of seven years following the
conveyance by the Secretary;
(2) the parties shall agree to transfer authority over the
utility systems at Fort Monroe to the Commonwealth in return
for receiving service on the same relative terms and
conditions that the Department of the Army provided service
during its ownership of the utilities; and
(3) the Secretary will resolve all issues with Dominion
Virginia Power and will be responsible for maintaining
electrical service in its name until such resolution has been
obtained.
(e) Savings Provision.--Nothing in this section shall be
construed to affect or limit the application of, or any
obligation to comply with, any environmental law, including
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.).
(f) Additional Terms and Conditions.--The parties may agree
to such additional terms and conditions in connection with
the conveyance under this section as the parties consider
appropriate to protect their respective interests.
SEC. 2847. LAND CONVEYANCE, MIFFLIN COUNTY UNITED STATES ARMY
RESERVE CENTER, LEWISTOWN, PENNSYLVANIA.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to Derry Township,
Pennsylvania (in this section referred to as the
``Township''), all right, title, and interest of the United
States in and to a parcel of real property, including any
improvements thereon and improvements related thereto,
consisting of approximately 4.52 acres and containing the
Mifflin County Army Reserve Center located at 73 Reserve
Lane, Lewistown, Pennsylvania (parcel number 16,01-0113J),
for the purpose of permitting the Township to use the parcel
for a regional police headquarters or other public purposes.
(b) Interim Lease.--Until such time as the real property
described in subsection (a) is conveyed to the Township, the
Secretary may lease the property to the Township.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary shall require the
Township to cover costs (except costs for environmental
remediation of the property) to be incurred by the Secretary,
or to reimburse the Secretary for such costs incurred by the
Secretary, to carry out the conveyance under subsection (a),
including survey costs, costs for environmental
documentation, and any other administrative costs related to
the conveyance. If amounts are collected from the Township in
advance of the Secretary incurring the actual costs, and the
amount collected exceeds the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary shall
refund the excess amount to the Township.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the
fund or account that was used to cover those costs incurred
by the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or
account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in
such fund or account.
(d) Conditions of Conveyance.--The conveyance of the real
property under subsection (a) shall be subject to the
condition that the Township not use any Federal funds to
cover--
(1) any portion of the conveyance costs required by
subsection (c) to be paid by the Township; or
(2) to cover the costs for the design or construction of
any facility on the property.
(e) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Secretary.
(f) Additional Terms.--The Secretary may require such
additional terms and conditions in connection with the
conveyance under this section as the Secretary considers
appropriate to protect the interests of the United States.
Subtitle F--Other Matters
SEC. 2861. REPEAL OF ANNUAL ECONOMIC ADJUSTMENT COMMITTEE
REPORTING REQUIREMENT.
Subsection (d) of section 4004 of the Defense Economic
Adjustment, Diversification, Conversion, and Stabilization
Act of 1990 (division D of Public Law 101-510; 10 U.S.C. 2391
note), as amended by section 4212(b) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484;
106 Stat. 2664), is further amended--
(1) by inserting ``and'' at the end of paragraph (1);
(2) by striking ``; and'' at the end of paragraph (2) and
inserting a period; and
(3) by striking paragraph (3).
SEC. 2862. REDESIGNATION OF THE ASIA-PACIFIC CENTER FOR
SECURITY STUDIES AS THE DANIEL K. INOUYE ASIA-
PACIFIC CENTER FOR SECURITY STUDIES.
(a) Redesignation.--The Department of Defense regional
center for security studies known as the Asia-Pacific Center
for Security Studies is hereby renamed the ``Daniel K. Inouye
Asia-Pacific Center for Security Studies''.
(b) Conforming Amendments.--
(1) Reference to regional centers for strategic studies.--
Section 184(b)(2)(B) of title 10, United States Code, is
amended by striking ``Asia-Pacific Center for Security
Studies'' and inserting ``Daniel K. Inouye Asia-Pacific
Center for Security Studies''.
(2) Acceptance of gifts and donations.--Section
2611(a)(2)(B) of such title is amended by striking ``Asia-
Pacific Center for Security Studies'' and inserting ``Daniel
K. Inouye Asia-Pacific Center for Security Studies''.
(c) References.--Any reference to the Department of Defense
Asia-Pacific Center for Security Studies in any law,
regulation, map, document, record, or other paper of the
United States shall be deemed to be a reference to the Daniel
K. Inouye Asia-Pacific Center for Security Studies.
SEC. 2863. REDESIGNATION OF THE GRADUATE SCHOOL OF NURSING AT
THE UNIFORMED SERVICES UNIVERSITY OF THE HEALTH
SCIENCES AS THE DANIEL K. INOUYE GRADUATE
SCHOOL OF NURSING.
(a) Redesignation.--The Graduate School of Nursing at the
Uniformed Services University of the Health Sciences is
hereby renamed the ``Daniel K. Inouye Graduate School of
Nursing''.
(b) References.--Any reference to the Graduate School of
Nursing at the Uniformed Services University of the Health
Sciences in any law, regulation, map, document, record, or
other paper of the United States shall be deemed to be a
reference to the Daniel K. Inouye Graduate School of Nursing.
SEC. 2864. RENAMING SITE OF THE DAYTON AVIATION HERITAGE
NATIONAL HISTORICAL PARK, OHIO.
Section 101(b)(5) of the Dayton Aviation Heritage
Preservation Act of 1992 (16 U.S.C. 410ww(b)(5)) is amended
by striking ``Aviation Center'' and inserting ``National
Museum''.
SEC. 2865. DESIGNATION OF DISTINGUISHED FLYING CROSS NATIONAL
MEMORIAL IN RIVERSIDE, CALIFORNIA.
(a) Findings.--Congress finds the following:
(1) The most reliable statistics regarding the number of
members of the Armed Forces who have been awarded the
Distinguished Flying Cross indicate that 126,318 members of
the Armed Forces received the medal during World War II,
approximately 21,000 members received the medal during the
Korean conflict, and 21,647 members received the medal during
the Vietnam War. Since the end of the Vietnam War, more than
203 Armed Forces members have received the medal in times of
conflict.
(2) The National Personnel Records Center in St. Louis,
Missouri, burned down in 1973, and thus many more recipients
of the Distinguished Flying Cross may be undocumented.
Currently, the Department of Defense continues to locate and
identify members of the Armed Forces who have received the
medal and are undocumented.
(3) The United States currently lacks a national memorial
dedicated to the bravery and sacrifice of those members of
the Armed Forces who have distinguished themselves by heroic
deeds performed in aerial flight.
(4) An appropriate memorial to current and former members
of the Armed Forces is under construction at March Field Air
Museum in Riverside, California.
(5) This memorial will honor all those members of the Armed
Forces who have distinguished themselves in aerial flight,
whether documentation of such members who earned the
Distinguished Flying Cross exists or not.
(b) Designation.--The memorial to members of the Armed
Forces who have been awarded the Distinguished Flying Cross,
located at March Field Air Museum in Riverside, California,
is hereby designated as the Distinguished Flying Cross
National Memorial.
(c) Effect of Designation.--The national memorial
designated by this section is not a unit of the National Park
System, and the designation of the national memorial shall
not be construed to require or permit Federal funds to be
expended for any purpose related to the national memorial.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECT.
(a) Outside the United States.--The Secretary of the Army
may acquire real property and carry out the military
construction project for the installation outside the United
States, and in the amount, set forth in the following table:
[[Page H3456]]
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation Amount
----------------------------------------------------------------------------------------------------------------
Cuba........................................... Guantanamo Bay................................. $247,400,000
----------------------------------------------------------------------------------------------------------------
(b) Use of Unobligated Prior-year Military Construction
Funds.--To carry out the military construction project set
forth in the table in subsection (a), the Secretary of
Defense may make available to the Secretary of the Army
available, unobligated military construction funds
appropriated for a fiscal year before fiscal year 2014.
(c) Congressional Notification.--The Secretary of the Army
shall provide information in accordance with section 2851(c)
of title 10, United States Code, regarding the military
construction project set forth in the table in subsection
(a). If it becomes necessary to exceed the estimated project
cost, the Secretary shall utilize the authority provided by
section 2853 of such title regarding authorized cost and
scope of work variations.
(d) Briefing on Infrastructure to Support Joint Task Force,
Guantanamo.--
(1) Briefing required.--The Secretary of Defense shall
brief the congressional defense committees on each of the
following:
(A) A description of each of the following costs, broken
down by fiscal year, for each of fiscal years 2002 through
2013:
(i) The costs of constructing the permanent and temporary
infrastructure to support the detention operations at such
Naval Station.
(ii) The costs of facility repair, sustainment,
maintenance, and operation of all infrastructure supporting
the detention operations at such Naval Station.
(iii) The costs of military personnel, civilian personnel,
and contractors associated with the detention operations at
such Naval Station.
(iv) The costs of operation and maintenance, shown for each
military department and account, associated with carrying out
military commissions for individuals detained at such Naval
Station.
(v) The costs associated with the Office of the Deputy
Assistant Secretary of Defense (Rule of Law and Detainee
Policy), the Periodic Review Services, and studies and task
forces funded by the Department of Defense that relate to the
detention operations at such Naval Station.
(vi) Any other costs associated with supporting the
detention operations at such Naval Station.
(B) A master plan for the continuation of detention
operations by Joint Task Force Guantanamo, at United States
Naval Station, Guantanamo Bay, Cuba, during the time period
beginning on the date of the enactment of this Act and ending
on the date of the 66th birthday of the youngest individual
who is detained at United States Naval Station, Guantanamo
Bay, Cuba, on the date of the enactment of this Act,
including--
(i) a description of any infrastructure projects that the
Secretary determines are required for the continuation of
such detention operations, including new requirements and
replacement of existing infrastructure;
(ii) an estimate of the total military personnel, civilian
personnel, and contractor costs associated with the
continuation of such detention operations;
(iii) an estimate of the total operation and maintenance
costs associated with the continuation of such detention
operations;
(iv) an estimate of the total costs associated with
carrying out military commissions for individuals detained at
such Naval Station; and
(v) an estimate of any other costs associated with the
continuation of such detention operations.
(C) A cost estimate, itemized by construction project, of
the infrastructure investments identified in the master plan
described in subparagraph (B).
(D) A detailed estimate of the annual costs projected to
repair, sustain, and maintain the facilities that are in use
by Joint Task Force, Guantanamo, as of the date of the
enactment of this Act, or are identified in the master plan
described in subparagraph (B).
(2) Presidential plan.--Not later than 120 days after the
date of the enactment of this Act, the President shall submit
to the congressional defense committees a plan describing
each of the following:
(A) The locations to which the President seeks to transfer
individuals detained at Guantanamo who have been identified
for continued detention or prosecution.
(B) The individuals detained at Guantanamo who the
President seeks to transfer to overseas locations, the
overseas locations to which the President seeks to transfer
such individuals, and the conditions under which the
President would transfer such individuals to such locations.
(C) The proposal of the President for the detention and
treatment of individuals captured overseas in the future who
are suspected of being terrorists.
(D) The proposal of the President regarding the disposition
of the individuals detained at the detention facility at
Parwan, Afghanistan, who have been identified as enduring
security threats to the United States.
(E) For any location in the United States to which the
President seeks to transfer such an individual, estimates of
each of the following costs:
(i) The costs of constructing infrastructure to support
detention operations or prosecution at such location.
(ii) The costs of facility repair, sustainment,
maintenance, and operation of all infrastructure supporting
detention operations or prosecution at such location.
(iii) The costs of military personnel, civilian personnel,
and contractors associated with the detention operations or
prosecution at such location, including any costs likely to
be incurred by other Federal departments or agencies or State
or local governments.
(iv) Any other costs associated with supporting the
detention operations or prosecution at such location.
TITLE XXX--MILITARY LAND TRANSFERS AND WITHDRAWALS TO SUPPORT READINESS
AND SECURITY
Subtitle A--Limestone Hills Training Area, Montana
SEC. 3001. WITHDRAWAL AND RESERVATION OF PUBLIC LANDS FOR
LIMESTONE HILLS TRAINING AREA, MONTANA.
(a) Withdrawal.--Subject to valid existing rights and
except as provided in this subtitle, the public lands and
interests in lands described in subsection (c), and all other
areas within the boundaries of such lands as depicted on the
map provided for by subsection (d) that may become subject to
the operation of the public land laws, are hereby withdrawn
from all forms of appropriation under the public land laws,
including the mining laws and the mineral leasing and
geothermal leasing laws.
(b) Reservation; Purpose.--Subject to the limitations and
restrictions contained in section 3003, the public lands
withdrawn by subsection (a) are reserved for use by the
Secretary of the Army for the following purposes:
(1) The conduct of training for active and reserve
components of the Armed Forces.
(2) The construction, operation, and maintenance of
organizational support and maintenance facilities for
component units conducting training.
(3) The conduct of training by the Montana Department of
Military Affairs, except that any such use may not interfere
with purposes specified in paragraphs (1) and (2).
(4) The conduct of training by State and local law
enforcement agencies, civil defense organizations, and public
education institutions, except that any such use may not
interfere with military training activities.
(5) Other defense-related purposes consistent with the
purposes specified in the preceding paragraphs.
(c) Land Description.--The public lands and interests in
lands withdrawn and reserved by this section comprise
approximately 18,644 acres in Broadwater County, Montana, as
generally depicted as ``Proposed Land Withdrawal'' on the map
titled ``Limestone Hills Training Area Land Withdrawal'',
dated April 10, 2013.
(d) Legal Description and Map.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Secretary of the Interior
shall publish in the Federal Register a legal description of
the public land withdrawn under subsection (a) and a copy of
a map depicting the legal description of the withdrawn land.
(2) Force of law.--The legal description and map published
under paragraph (1) shall have the same force and effect as
if included in this Act, except that the Secretary of the
Interior may correct errors in the legal description.
(3) Reimbursement of costs.--The Secretary of the Army
shall reimburse the Secretary of the Interior for any costs
incurred by the Secretary of the Interior in implementing
this subsection.
(e) Indian Tribes.--Nothing in this subtitle shall be
construed as altering any rights reserved for an Indian tribe
for tribal use of lands within the military land withdrawal
by treaty or Federal law. The Secretary of the Army shall
consult with any Indian tribes in the vicinity of the
military land withdrawal before taking action within the
military land withdrawal affecting tribal rights or cultural
resources protected by treaty or Federal law.
SEC. 3002. MANAGEMENT OF WITHDRAWN AND RESERVED LANDS.
During the period of the withdrawal and reservation
specified in section 3005, the Secretary of the Army shall
manage the public lands withdrawn by section 3001 for the
purposes specified in subsection (b) of such section, subject
to the limitations and restrictions contained in section
3003.
SEC. 3003. SPECIAL RULES GOVERNING MINERALS MANAGEMENT.
(a) Indian Creek Mine.--
(1) In general.--Of the lands withdrawn by section 3001,
locatable mineral activities in the approved Indian Creek
Mine plan of operations, MTM-78300, shall be regulated
pursuant to subparts 3715 and 3809 of title 43, Code of
Federal Regulations. Of the lands withdrawn by section 3001,
the land area subject to the approved plan of operations
shall permanently remain open to the amendment or relocation
of mining claims (or both) under the Act of May 10, 1872
(commonly known as the General Mining Act of 1872; 30 U.S.C.
22 et seq.) to the extent necessary to preserve the mining
operations described in the approved plan of operations.
(2) Restrictions on secretary of the army.--The Secretary
of the Army shall make no determination that the disposition
of or exploration for minerals as provided for in the
approved plan of operations is inconsistent with the defense-
related uses of the lands covered by the military land
withdrawal. The coordination of such disposition of and
exploration for minerals with defense-related uses of such
lands
[[Page H3457]]
shall be determined pursuant to procedures in an agreement
provided for under subsection (c).
(b) Removal of Unexploded Ordnance on Lands To Be Mined.--
(1) Removal activities.--Subject to the availability of
funds appropriated for such purpose, the Secretary of the
Army shall remove unexploded ordnance on lands withdrawn by
section 3001 that are subject to mining under subsection (a),
consistent with applicable Federal and State law. The
Secretary of the Army may engage in such removal of
unexploded ordnance in phases to accommodate the development
of the Indian Creek Mine pursuant to subsection (a).
(2) Report on removal activities.--The Secretary of the
Army shall annually submit to the Secretary of the Interior a
report regarding the unexploded ordnance removal activities
for the previous fiscal year performed pursuant to this
subsection. The report shall include--
(A) the amounts of funding expended for unexploded ordnance
removal on the lands withdrawn by section 3001; and
(B) the identification of the lands cleared of unexploded
ordnance and approved for mining activities by the Secretary
of the Interior.
(c) Implementation Agreement for Mining Activities.--The
Secretary of the Interior and the Secretary of the Army shall
enter into an agreement to implement this section with regard
to coordination of defense-related uses and mining and the
ongoing removal of unexploded ordnance. The duration of the
agreement shall be the same as the period of the withdrawal
under section 3001, but may be amended from time to time. The
agreement shall provide the following:
(1) That Graymont Western US, Inc., or any successor or
assign of the approved Indian Creek Mine mining plan of
operations, MTM-78300, is invited to be a party to the
agreement.
(2) Provisions regarding the day-to-day joint-use of the
Limestone Hills Training Area.
(3) Provisions addressing when military and other
authorized uses of the withdrawn lands will occur.
(4) Provisions regarding when and where military use or
training with explosive material will occur.
(5) Provisions regarding the scheduling of training
activities conducted within the withdrawn area that restrict
mining activities and procedures for deconfliction with
mining operations, including parameters for notification and
sanction of anticipated changes to the schedule.
(6) Provisions regarding liability and compensation for
damages or injury caused by mining or military training
activities.
(7) Provisions for periodic review of the agreement for its
adequacy, effectiveness, and need for revision.
(8) Procedures for access through mining operations covered
by this section to training areas within the boundaries of
the Limestone Hills Training Area.
(9) Procedures for scheduling of the removal of unexploded
ordnance.
(d) Existing Memorandum of Agreement.--Until such time as
the agreement required under subsection (c) becomes
effective, the compatible joint use of the lands withdrawn
and reserved by section 3001 shall be governed, to the extent
compatible, by the terms of the 2005 Memorandum of Agreement
among the Montana Army National Guard, Graymont Western US
Inc. and the Bureau of Land Management.
SEC. 3004. GRAZING.
(a) Issuance and Administration of Permits and Leases.--The
issuance and administration of grazing permits and leases,
including their renewal, on the public lands withdrawn by
section 3001 shall be managed by the Secretary of the
Interior consistent with all applicable laws, regulations,
and policies of the Secretary of the Interior relating to
such permits and leases.
(b) Safety Requirements.--With respect to any grazing
permit or lease issued after the date of the enactment of
this Act for lands withdrawn by section 3001, the Secretary
of the Interior and the Secretary of the Army shall jointly
establish procedures that are consistent with Department of
the Army explosive and range safety standards and that
provide for the safe use of any such lands.
(c) Assignment.--The Secretary of the Interior may, with
the agreement of the Secretary of the Army, assign the
authority to issue and to administer grazing permits and
leases to the Secretary of the Army, except that such an
assignment may not include the authority to discontinue
grazing on the lands withdrawn by section 3001.
SEC. 3005. DURATION OF WITHDRAWAL AND RESERVATION.
The military land withdrawal made by section 3001 shall
terminate on March 31, 2039.
SEC. 3006. PAYMENTS IN LIEU OF TAXES.
The lands withdrawn by section 3001 shall remain eligible
as entitlement land under section 6901 of title 31, United
States Code.
SEC. 3007. HUNTING, FISHING AND TRAPPING.
All hunting, fishing and trapping on the lands withdrawn by
section 3001 shall be conducted in accordance with section
2671 of title 10, United States Code.
SEC. 3008. WATER RIGHTS.
(a) Water Rights.--Nothing in this subtitle shall be
construed--
(1) to establish a reservation in favor of the United
States with respect to any water or water right on lands
withdrawn by section 3001; or
(2) to authorize the appropriation of water on lands
withdrawn by section 3001, except in accordance with
applicable State law.
(b) Effect on Previously Acquired or Reserved Water
Rights.--This section shall not be construed to affect any
water rights acquired or reserved by the United States before
the date of the enactment of this Act.
SEC. 3009. BRUSH AND RANGE FIRE PREVENTION AND SUPPRESSION.
(a) Required Activities.--The Secretary of the Army shall,
consistent with any applicable land management plan, take
necessary precautions to prevent, and actions to suppress,
brush and range fires occurring as a result of military
activities on the lands withdrawn and reserved by section
3001, including fires outside those lands that spread from
the withdrawn land and which occurred as a result of such
activities.
(b) Cooperation of Secretary of the Interior.--At the
request of the Secretary of the Army, the Secretary of the
Interior shall provide assistance in the suppression of such
fires and shall be reimbursed for such assistance by the
Secretary of the Army. Notwithstanding section 2215 of title
10, United States Code, the Secretary of the Army may
transfer to the Secretary of the Interior, in advance, funds
to reimburse the costs of the Department of the Interior in
providing such assistance.
SEC. 3010. ON-GOING DECONTAMINATION.
During the withdrawal and reservation authorized by section
3001, the Secretary of the Army shall maintain, to the extent
funds are available for such purpose, a program of
decontamination of contamination caused by defense-related
uses on such lands consistent with applicable Federal and
State law. The Secretary of Defense shall include a
description of such decontamination activities in the annual
report required by section 2711 of title 10, United States
Code.
SEC. 3011. APPLICATION FOR RENEWAL OF A WITHDRAWAL AND
RESERVATION.
(a) Notice.--To the extent practicable, no later than five
years before the termination of the withdrawal and
reservation made by section 3001, the Secretary of the Army
shall notify the Secretary of the Interior whether the
Secretary of the Army will have a continuing defense-related
need for any of the lands withdrawn and reserved by section
3001 after the termination date of such withdrawal and
reservation. The Secretary of the Army shall provide a copy
of the notice to the Committee on Armed Services and the
Committee on Energy and Natural Resources of the Senate and
the Committee on Armed Services and the Committee on Natural
Resources of the House of Representatives.
(b) Filing for Extension.--If the Secretary of the Army
concludes that there will be a continuing defense-related
need for any of the withdrawn and reserved lands after the
termination date, the Secretary of the Army shall file an
application for extension of the withdrawal and reservation
of such needed lands in accordance with the regulations and
procedures of the Department of the Interior applicable to
the extension of withdrawals and reservations.
SEC. 3012. LIMITATION ON SUBSEQUENT AVAILABILITY OF LANDS FOR
APPROPRIATION.
At the time of termination of a withdrawal and reservation
made by section 3001, the previously withdrawn lands shall
not be open to any form of appropriation under the public
land laws, including the mining laws and the mineral leasing
and geothermal leasing laws, until the Secretary of the
Interior publishes in the Federal Register an appropriate
order specifying the date upon which such lands shall be
restored to the public domain and opened for such purposes.
SEC. 3013. RELINQUISHMENT.
(a) Notice of Intention to Relinquish.--If, during the
period of withdrawal and reservation under section 3001, the
Secretary of the Army decides to relinquish any or all of the
lands withdrawn and reserved, the Secretary of the Army shall
file a notice of intention to relinquish with the Secretary
of the Interior.
(b) Determination of Contamination.--As a part of the
notice under subsection (a), the Secretary of the Army shall
include a written determination concerning whether and to
what extent the lands that are to be relinquished are
contaminated with explosive materials or toxic or hazardous
substances.
(c) Public Notice.--The Secretary of the Interior shall
publish in the Federal Register the notice of intention to
relinquish, including the determination concerning the
contaminated state of the lands.
(d) Decontamination of Lands to Be Relinquished.--
(1) Conditions requiring decontamination.--If land subject
of a notice of intention to relinquish pursuant to subsection
(a) is contaminated, and the Secretary of the Interior, in
consultation with the Secretary of the Army, determines that
decontamination is practicable and economically feasible
(taking into consideration the potential future use and value
of the land) and that, upon decontamination, the land could
be opened to operation of some or all of the public land
laws, including the mining laws and the mineral leasing and
geothermal leasing laws, the Secretary of the Army shall
decontaminate the land to the extent that funds are
appropriated for such purpose.
(2) Discretion if conditions not met.--If the Secretary of
the Interior, after consultation with the Secretary of the
Army, concludes that decontamination of land subject of a
notice of intention to relinquish pursuant to subsection (a)
is not practicable or economically feasible, or that the land
cannot be decontaminated sufficiently to be opened to
operation of some or all of the public land laws, or if
Congress does not appropriate sufficient funds for the
decontamination of such land, the Secretary of the Interior
shall not be required to accept the land proposed for
relinquishment.
(3) Response.--If the Secretary of the Interior declines to
accept the lands that have been proposed for relinquishment
because of their contaminated state, or if at the expiration
of the
[[Page H3458]]
withdrawal and reservation made by section 3001 the Secretary
of the Interior determines that some of the lands withdrawn
and reserved are contaminated to an extent which prevents
opening such contaminated lands to operation of the public
land laws--
(A) the Secretary of the Army shall take appropriate steps
to warn the public of the contaminated state of such lands
and any risks associated with entry onto such lands;
(B) after the expiration of the withdrawal and reservation,
the Secretary of the Army shall undertake no activities on
such lands except in connection with decontamination of such
lands; and
(C) the Secretary of the Army shall report to the Secretary
of the Interior and to the Congress concerning the status of
such lands and all actions taken in furtherance of this
paragraph.
(e) Revocation Authority.--Upon deciding that it is in the
public interest to accept the lands proposed for
relinquishment pursuant to subsection (a), the Secretary of
the Interior may order the revocation of the withdrawal and
reservation made by section 3001 as it applies to such lands.
The Secretary of the Interior shall publish in the Federal
Register the revocation order, which shall--
(1) terminate the withdrawal and reservation;
(2) constitute official acceptance of the lands by the
Secretary of the Interior; and
(3) state the date upon which the lands will be opened to
the operation of some or all of the public land laws,
including the mining laws.
(f) Acceptance by Secretary of the Interior.--Nothing in
this section shall be construed to require the Secretary of
the Interior to accept the lands proposed for relinquishment
if the Secretary determines that such lands are not suitable
for return to the public domain. If the Secretary makes such
a determination, the Secretary shall provide notice of the
determination to Congress.
Subtitle B--White Sands Missile Range, New Mexico
SEC. 3021. TRANSFER OF ADMINISTRATIVE JURISDICTION, WHITE
SANDS MISSILE RANGE, NEW MEXICO.
(a) Transfer Required.--Not later than September 30, 2014,
the Secretary of the Interior shall transfer to the
administrative jurisdiction of the Secretary of the Army
certain public land administered by the Bureau of Land
Management in Dona Ana County, New Mexico, consisting of
approximately 5,100 acres depicted as ``Parcel 1'' on the map
titled ``White Sands Missile Range Land Reservation'' and
dated January 4, 2013.
(b) Use of Transferred Land.--Upon the receipt of the land
under subsection (a), the Secretary of the Army shall include
the land as part of White Sands Missile Range, New Mexico,
and authorize use of the land for military purposes.
(c) Legal Description and Map.--
(1) Preparation and publication.--The Secretary of the
Interior shall publish in the Federal Register a legal
description and map of the public land to be transferred
under subsection (a).
(2) Force of law.--The legal description and map filed
under paragraph (1) shall have the same force and effect as
if included in this Act, except that the Secretary of the
Interior may correct errors in the legal description.
(d) Reimbursement of Costs.--The transfer required by
subsection (a) shall be made without reimbursement, except
that the Secretary of the Army shall reimburse the Secretary
of the Interior for any costs incurred by the Secretary of
the Interior to prepare the legal description and map under
subsection (c).
(e) Treatment of Grazing Leases.--If a grazing permit or
lease exists on the date of the enactment of this Act for any
portion of the public land to be transferred under subsection
(a), the Secretary of the Interior shall transfer or relocate
the grazing allotments associated with the permit or lease to
other public land, acceptable to the permit or lease holder,
so that the grazing continues to have the same value to the
holder.
SEC. 3022. WATER RIGHTS.
(a) Water Rights.--Nothing in this subtitle shall be
construed--
(1) to establish a reservation in favor of the United
States with respect to any water or water right on lands
transferred by this subtitle; or
(2) to authorize the appropriation of water on lands
transferred by this subtitle except in accordance with
applicable State law.
(b) Effect on Previously Acquired or Reserved Water
Rights.--This section shall not be construed to affect any
water rights acquired or reserved by the United States before
the date of the enactment of this Act.
SEC. 3023. WITHDRAWAL.
Subject to valid existing rights, the public land to be
transferred under section 3021 is withdrawn from all forms of
appropriation under the public land laws, including the
mining laws and geothermal leasing laws, so long as the lands
remain under the administrative jurisdiction of the Secretary
of the Army.
Subtitle C--Naval Air Weapons Station China Lake, California
SEC. 3031. TRANSFER OF ADMINISTRATIVE JURISDICTION, NAVAL AIR
WEAPONS STATION CHINA LAKE, CALIFORNIA.
(a) Transfer Required.--Not later than September 30, 2014,
the Secretary of the Interior shall transfer to the
administrative jurisdiction of the Secretary of the Navy
certain public land administered by the Bureau of Land
Management in Inyo, Kern, and San Bernardino Counties,
California, consisting of approximately 1,045,000 acres in
Inyo, Kern, and San Bernardino Counties, California, as
generally depicted on the map titled ``Naval Air Weapons
Station China Lake Withdrawal - Renewal'' and dated 2012.
(b) Use of Transferred Land.--Upon the receipt of the land
under subsection (a), the Secretary of the Navy shall include
the land as part of the Naval Air Weapons Station China Lake,
California, and authorize use of the land for military
purposes.
(c) Legal Description and Map.--
(1) Preparation and publication.--The Secretary of the
Interior shall publish in the Federal Register a legal
description and map of the public land to be transferred
under subsection (a).
(2) Force of law.--The legal description and map filed
under paragraph (1) shall have the same force and effect as
if included in this Act, except that the Secretary of the
Interior may correct errors in the legal description and map.
(d) Reimbursement of Costs.--The transfer required by
subsection (a) shall be made without reimbursement, except
that the Secretary of the Navy shall reimburse the Secretary
of the Interior for any costs incurred by the Secretary of
the Interior to prepare the legal description and map under
subsection (c).
SEC. 3032. WATER RIGHTS.
(a) Water Rights.--Nothing in this subtitle shall be
construed--
(1) to establish a reservation in favor of the United
States with respect to any water or water right on lands
transferred by this subtitle; or
(2) to authorize the appropriation of water on lands
transferred by this subtitle except in accordance with
applicable State law.
(b) Effect on Previously Acquired or Reserved Water
Rights.--This section shall not be construed to affect any
water rights acquired or reserved by the United States before
the date of the enactment of this Act.
SEC. 3033. WITHDRAWAL.
Subject to valid existing rights, the public land to be
transferred under section 3031 is withdrawn from all forms of
appropriation under the public land laws, including the
mining laws and geothermal leasing laws, so long as the lands
remain under the administrative jurisdiction of the Secretary
of the Navy.
Subtitle D--Chocolate Mountain Aerial Gunnery Range, California
SEC. 3041. TRANSFER OF ADMINISTRATIVE JURISDICTION, CHOCOLATE
MOUNTAIN AERIAL GUNNERY RANGE, CALIFORNIA.
(a) Transfer Required.--The Secretary of the Interior shall
transfer to the administrative jurisdiction of the Secretary
of the Navy certain public land administered by the Bureau of
Land Management in Imperial and Riverside Counties,
California, consisting of approximately 226,711 acres, as
generally depicted on the map titled ``Chocolate Mountain
Aerial Gunnery Range Proposed-Withdrawal'' dated 1987
(revised July 1993), and identified as WESTDIV Drawing No. C-
102370, which was prepared by the Naval Facilities
Engineering Command of the Department of the Navy and is on
file with the California State Office of the Bureau of Land
Management.
(b) Valid Existing Rights.--The transfer of administrative
jurisdiction under subsection (a) shall be subject to any
valid existing rights, including any property, easements, or
improvements held by the Bureau of Reclamation and
appurtenant to the Coachella Canal. The Secretary of the Navy
shall provide for reasonable access by the Bureau of
Reclamation for inspection and maintenance purposes not
inconsistent with military training.
(c) Time for Conveyance.--The transfer of administrative
jurisdiction under subsection (a) shall occur pursuant to a
schedule agreed to by the Secretary of the Interior and the
Secretary of the Navy, but in no case later than the date of
the completion of the boundary realignment required by
section 3043.
(d) Map and Legal Description.--
(1) Preparation and publication.--The Secretary of the
Interior shall publish in the Federal Register a legal
description of the public land to be transferred under
subsection (a).
(2) Submission to congress.--The Secretary of the Interior
shall file with the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of the
House of Representatives--
(A) a copy of the legal description prepared under
paragraph (1); and
(B) a map depicting the legal description of the
transferred public land.
(3) Availability for public inspection.--Copies of the
legal description and map filed under paragraph (2) shall be
available for public inspection in the appropriate offices
of--
(A) the Bureau of Land Management;
(B) the Office of the Commanding Officer, Marine Corps Air
Station Yuma, Arizona;
(C) the Office of the Commander, Navy Region Southwest; and
(D) the Office of the Secretary of the Navy.
(4) Force of law.--The legal description and map filed
under paragraph (2) shall have the same force and effect as
if included in this Act, except that the Secretary of the
Interior may correct clerical and typographical errors in the
legal description or map.
(5) Reimbursement of costs.--The transfer required by
subsection (a) shall be made without reimbursement, except
that the Secretary of the Navy shall reimburse the Secretary
of the Interior for any costs incurred by the Secretary of
the Interior to prepare the legal description and map under
this subsection.
SEC. 3042. MANAGEMENT AND USE OF TRANSFERRED LAND.
(a) Use of Transferred Land.--Upon the receipt of the land
under section 3041, the Secretary of the Navy shall
administer the land as the Chocolate Mountain Aerial Gunnery
Range, California, and continue to authorize use of the land
for military purposes.
[[Page H3459]]
(b) Protection of Desert Tortoise.--Nothing in the transfer
required by section 3041 shall affect the prior designation
of certain lands within the Chocolate Mountain Aerial Gunnery
Range as critical habitat for the desert tortoise (Gopherus
Agassizii).
(c) Withdrawal of Mineral Estate.--Subject to valid
existing rights, the mineral estate of the land to be
transferred under section 3041 are withdrawn from all forms
of appropriation under the public land laws, including the
mining laws and the mineral and geothermal leasing laws, for
as long as the land is under the administrative jurisdiction
of the Secretary of the Navy.
(d) Integrated Natural Resources Management Plan.--Not
later than one year after the transfer of the land under
section 3041, the Secretary of the Navy, in cooperation with
the Secretary of the Interior, shall prepare an integrated
natural resources management plan pursuant to the Sikes Act
(16 U.S.C. 670a et seq.) for the transferred land and for
land that, as of the date of the enactment of this Act, is
under the jurisdiction of the Secretary of the Navy
underlying the Chocolate Mountain Aerial Gunnery Range.
SEC. 3043. REALIGNMENT OF RANGE BOUNDARY AND RELATED TRANSFER
OF TITLE.
(a) Realignment; Purpose.--The Secretary of the Interior
and the Secretary of the Navy shall realign the boundary of
the Chocolate Mountain Aerial Gunnery Range, as in effect on
the date of the enactment of this Act, to improve public
safety and management of the Range, consistent with the
following:
(1) The northwestern boundary of the Chocolate Mountain
Aerial Gunnery Range shall be realigned to the edge of the
Bradshaw Trail so that the Trail is entirely on public land
under the jurisdiction of the Department of the Interior.
(2) The centerline of the Bradshaw Trail shall be
delineated by the Secretary of the Interior in consultation
with the Secretary of the Navy, beginning at its western
terminus at Township 8 South, Range 12 East, Section 6
eastward to Township 8 South, Range 17 East, Section 32 where
it leaves the Chocolate Mountain Aerial Gunnery Range.
(b) Transfers Related to Realignment.--The Secretary of the
Interior and the Secretary of the Navy shall make such
transfers of administrative jurisdiction as may be necessary
to reflect the results of the boundary realignment carried
out pursuant to subsection (a).
(c) Applicability of National Environmental Policy Act of
1969.--The National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) shall not apply to any transfer of land
made under subsection (b) or any decontamination actions
undertaken in connection with such a transfer.
(d) Decontamination.--The Secretary of the Navy shall
maintain, to the extent funds are available for such purpose
and consistent with applicable Federal and State law, a
program of decontamination of any contamination caused by
defense-related uses on land transferred under subsection
(b). The Secretary of Defense shall include a description of
such decontamination activities in the annual report required
by section 2711 of title 10, United States Code.
(e) Timeline.--The delineation of the Bradshaw Trail under
subsection (a) and any transfer of land under subsection (b)
shall occur pursuant to a schedule agreed to by the Secretary
of the Interior and the Secretary of the Navy, but in no case
later than two years after the date of the enactment of this
Act.
SEC. 3044. EFFECT OF TERMINATION OF MILITARY USE.
(a) Notice and Effect.--Upon a determination by the
Secretary of the Navy that there is no longer a military need
for all or portions of the land transferred under section
3041, the Secretary of the Navy shall notify the Secretary of
the Interior of such determination. Subject to subsections
(b), (c), and (d), the Secretary of the Navy shall transfer
the land subject to such a notice back to the administrative
jurisdiction of the Secretary of the Interior.
(b) Contamination.--Before transmitting a notice under
subsection (a), the Secretary of the Navy shall prepare a
written determination concerning whether and to what extent
the land to be transferred are contaminated with explosive,
toxic, or other hazardous materials. A copy of the
determination shall be transmitted with the notice. Copies of
the notice and the determination shall be published in the
Federal Register.
(c) Decontamination.--The Secretary of the Navy shall
decontaminate any contaminated land that is the subject of a
notice under subsection (a) if--
(1) the Secretary of the Interior, in consultation with the
Secretary of the Navy, determines that--
(A) decontamination is practicable and economically
feasible (taking into consideration the potential future use
and value of the land); and
(B) upon decontamination, the land could be opened to
operation of some or all of the public land laws, including
the mining laws; and
(2) funds are appropriated for such decontamination.
(d) Alternative.--The Secretary of the Interior is not
required to accept land proposed for transfer under
subsection (a) if the Secretary of the Interior is unable to
make the determinations under subsection (c)(1) or if
Congress does not appropriate a sufficient amount of funds
for the decontamination of the land.
SEC. 3045. TEMPORARY EXTENSION OF EXISTING WITHDRAWAL PERIOD.
Notwithstanding subsection (a) of section 806 of the
California Military Lands Withdrawal and Overflights Act of
1994 (title VIII of Public Law 103-433; 108 Stat. 4505), the
withdrawal and reservation of the land transferred under
section 3041 shall not terminate until the date on which the
land transfer required by section 3041 is executed.
SEC. 3046. WATER RIGHTS.
(a) Water Rights.--Nothing in this subtitle shall be
construed--
(1) to establish a reservation in favor of the United
States with respect to any water or water right on lands
transferred by this subtitle; or
(2) to authorize the appropriation of water on lands
transferred by this subtitle except in accordance with
applicable State law.
(b) Effect on Previously Acquired or Reserved Water
Rights.--This section shall not be construed to affect any
water rights acquired or reserved by the United States before
the date of the enactment of this Act.
Subtitle E--Marine Corps Air Ground Combat Center Twentynine Palms,
California
SEC. 3051. DESIGNATION OF JOHNSON VALLEY NATIONAL OFF-HIGHWAY
VEHICLE RECREATION AREA.
(a) Designation.--The approximately 188,000 acres of public
land and interests in land administered by the Secretary of
the Interior through the Bureau of Land Management in San
Bernardino County, California, as generally depicted as the
``Johnson Valley Off-Highway Vehicle Recreation Area'' on the
map titled ``Johnson Valley National Off-Highway Vehicle
Recreation Area and Transfer of the Southern Study Area'' and
dated April 11, 2013, are hereby designated as the ``Johnson
Valley National Off-Highway Vehicle Recreation Area''.
(b) Recreational and Conservation Use.--The Johnson Valley
National Off-Highway Vehicle Recreation Area is designated
for the following purposes:
(1) Public recreation (including off-highway vehicle use,
camping, and hiking) when the lands are not used for military
training as authorized by section 3052.
(2) Natural resources conservation.
(c) Withdrawal.--The public land and interests in land
included in the Johnson Valley National Off-Highway Vehicle
Recreation Area are hereby withdrawn from all forms of
appropriation under the public land laws, including the
mining laws and the mineral leasing and geothermal leasing
laws.
(d) Treatment of Existing Rights.--The designation of the
Johnson Valley National Off-Highway Vehicle Recreation Area
and the withdrawal of the public land and interests in land
included in the Recreation Area are subject to valid existing
rights.
SEC. 3052. LIMITED BIANNUAL MARINE CORPS AIR GROUND COMBAT
CENTER TWENTYNINE PALMS USE OF JOHNSON VALLEY
NATIONAL OFF-HIGHWAY VEHICLE RECREATION AREA.
(a) Use for Military Purposes Authorized.--Subject to
subsection (b), the Secretary of the Interior shall authorize
the Secretary of the Navy to utilize portions of Johnson
Valley National Off-Highway Vehicle Recreation Area twice in
each calendar year for up to a total of 60 days per year for
the following purposes:
(1) Sustained, combined arms, live-fire, and maneuver field
training for large-scale Marine air-ground task forces.
(2) Individual and unit live-fire training ranges.
(3) Equipment and tactics development.
(4) Other defense-related purposes consistent with the
purposes specified in the preceding paragraphs.
(b) Conditions on Military Use.--
(1) Consultation and public participation requirements.--
Before the Secretary of the Navy requests the two time
periods for military use of the Johnson Valley National Off-
Highway Vehicle Recreation Area in a calendar year, the
Secretary of the Navy shall--
(A) consult with the Secretary of the Interior regarding
the best times for military use to reduce interference with
or interruption of nonmilitary activities authorized by
section 3051(b); and
(B) provide for public awareness of and participation in
the selection process.
(2) Public notice.--The Secretary of the Navy shall provide
advance, wide-spread notice before any closure of public
lands for military use under this section.
(3) Public safety.--Military use of the Johnson Valley
National Off-Highway Vehicle Recreation Area during the
biannual periods authorized by subsection (a) shall be
conducted in the presence of sufficient range safety officers
to ensure the safety of military personnel and civilians.
(4) Certain types of ordnance prohibited.--The Secretary of
the Navy shall prohibit the use of dud-producing ordnance in
any military training conducted under subsection (a).
(c) Implementing Agreement.--
(1) Agreement required; required terms.--The Secretary of
the Interior and the Secretary of the Navy shall enter into a
written agreement to implement this section. The agreement
shall include a provision for periodic review of the
agreement for its adequacy, effectiveness, and need for
revision.
(2) Additional terms.--The agreement may provide for--
(A) the integration of the management plans of the
Secretary of the Interior and the Secretary of the Navy;
(B) delegation to civilian law enforcement personnel of the
Department of the Navy of the authority of the Secretary of
the Interior to enforce the laws relating to protection of
natural and cultural resources and of fish and wildlife; and
(C) the sharing of resources in order to most efficiently
and effectively manage the lands.
(d) Duration.--Any agreement for the military use of the
Johnson Valley National Off-Highway Vehicle Recreation Area
shall terminate not later than March 31, 2039.
[[Page H3460]]
SEC. 3053. TRANSFER OF ADMINISTRATIVE JURISDICTION, SOUTHERN
STUDY AREA, MARINE CORPS AIR GROUND COMBAT
CENTER TWENTYNINE PALMS, CALIFORNIA.
(a) Transfer Required.--Not later than September 30, 2014,
the Secretary of the Interior shall transfer, without
reimbursement, to the administrative jurisdiction of the
Secretary of the Navy certain public land administered by the
Bureau of Land Management consisting of approximately 20,000
acres in San Bernardino County, California, as generally
depicted as the ``Southern Study Area'' on the map referred
to in section 3051.
(b) Use of Transferred Land.--Upon the receipt of the land
under subsection (a), the Secretary of the Navy shall include
the land as part of the Marine Corps Air Ground Combat Center
Twentynine Palms, California, and authorize use of the land
for military purposes.
(c) Legal Description and Map.--
(1) Preparation and publication.--The Secretary of the
Interior shall publish in the Federal Register a legal
description and map of the public land to be transferred
under subsection (a).
(2) Force of law.--The legal description and map filed
under paragraph (1) shall have the same force and effect as
if included in this Act, except that the Secretary of the
Interior may correct clerical and typographical errors in the
legal description and map.
(d) Reimbursement of Costs.--The Secretary of the Navy
shall reimburse the Secretary of the Interior for any costs
incurred by the Secretary of the Interior to carry out this
section.
SEC. 3054. WATER RIGHTS.
(a) Water Rights.--Nothing in this subtitle shall be
construed--
(1) to establish a reservation in favor of the United
States with respect to any water or water right on lands
transferred by this subtitle; or
(2) to authorize the appropriation of water on lands
transferred by this subtitle except in accordance with
applicable State law.
(b) Effect on Previously Acquired or Reserved Water
Rights.--This section shall not be construed to affect any
water rights acquired or reserved by the United States before
the date of the enactment of this Act.
Subtitle F--Naval Air Station Fallon, Nevada
SEC. 3061. TRANSFER OF ADMINISTRATIVE JURISDICTION, NAVAL AIR
STATION FALLON, NEVADA.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior shall
transfer to the Secretary of the Navy, without consideration,
the Federal land described in subsection (b).
(b) Description of Federal Land.--The Federal land referred
to in subsection (a) is the parcel of approximately 400 acres
of land under the jurisdiction of the Secretary of the
Interior that--
(1) is adjacent to Naval Air Station Fallon in Churchill
County, Nevada; and
(2) was withdrawn under Public Land Order 6834 (NV-943-
4214-10; N-37875).
(c) Management.--On transfer of the Federal land described
under subsection (b) to the Secretary of the Navy, the
Secretary of the Navy shall have full jurisdiction, custody,
and control of the Federal land.
SEC. 3062. WATER RIGHTS.
(a) Water Rights.--Nothing in this subtitle shall be
construed--
(1) to establish a reservation in favor of the United
States with respect to any water or water right on lands
transferred by this subtitle; or
(2) to authorize the appropriation of water on lands
transferred by this subtitle except in accordance with
applicable State law.
(b) Effect on Previously Acquired or Reserved Water
Rights.--This section shall not be construed to affect any
water rights acquired or reserved by the United States before
the date of the enactment of this Act.
SEC. 3063. WITHDRAWAL.
Subject to valid existing rights, the Federal land to be
transferred under section 3061 is withdrawn from all forms of
appropriation under the public land laws, including the
mining laws and geothermal leasing laws, so long as the land
remains under the administrative jurisdiction of the
Secretary of the Navy.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2014 for the activities of the National Nuclear
Security Administration in carrying out programs as specified
in the funding table in section 4701.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out new
plant projects for the National Nuclear Security
Administration as follows:
Project 14-D-710, Device Assembly Facility Argus
Installation Project, Nevada National Security Site, Las
Vegas, Nevada, $14,000,000
Project 14-D-901, Spent Fueling Handling Recapitalization
Project, Naval Reactors Facility, Idaho, $45,400,000.
Project 14-D-902, KL Materials Characterization Laboratory,
Knolls Atomic Power Laboratory, Schenectady, New York,
$1,000,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2014 for defense
environmental cleanup activities in carrying out programs as
specified in the funding table in section 4701.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2014 for other defense
activities in carrying out programs as specified in the
funding table in section 4701.
SEC. 3104. ENERGY SECURITY AND ASSURANCE.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2014 for energy security
and assurance programs necessary for national security as
specified in the funding table in section 4701.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. CLARIFICATION OF PRINCIPLES OF NATIONAL NUCLEAR
SECURITY ADMINISTRATION.
Subsection (c) of section 3211 of the National Nuclear
Security Administration Act (50 U.S.C. 2401) is amended to
read as follows:
``(c) Operations and Activities to Be Carried Out
Consistent With Certain Principles.--In carrying out the
mission of the Administration, the Administrator shall ensure
that all operations and activities of the Administration are
consistent with the principles of--
``(1) protecting the environment;
``(2) safeguarding the safety and health of the public and
of the workforce of the Administration; and
``(3) ensuring the security of the nuclear weapons, nuclear
material, and classified information in the custody of the
Administration.''.
SEC. 3112. TERMINATION OF DEPARTMENT OF ENERGY EMPLOYEES TO
PROTECT NATIONAL SECURITY.
(a) In General.--Subtitle C of the National Nuclear
Security Administration Act (50 U.S.C. 2441 et seq.) is
amended by adding at the end the following new section:
``SEC. 3245. TERMINATION OF EMPLOYEES TO PROTECT NATIONAL
SECURITY.
``(a) Termination Authority.--Notwithstanding any other
provision of law, the Secretary of Energy may terminate an
employee of the Administration or any element of the
Department of Energy that involves nuclear security if the
Secretary--
``(1) determines that the employee acted in a manner that
endangers the security of special nuclear material or
classified information;
``(2) considers the termination to be in the interests of
the United States; and
``(3) determines that the procedures prescribed in other
provisions of law that authorize the termination of the
employment of such employee cannot be invoked in a manner
that the Secretary considers consistent with national
security.
``(b) Statements and Affidavits.--(1) To the extent that
the Secretary determines that the interests of national
security permit, the Secretary shall notify an employee whose
employment is terminated under this section of the reasons
for the termination.
``(2) During the 30-day period beginning on the date on
which a terminated employee is notified under paragraph (1),
the employee may submit to the Secretary statements or
affidavits to show why the employee should be restored to
duty.
``(3) If a terminated employee submits statements and
affidavits under paragraph (2), the Secretary--
``(A) shall provide a written response to the employee; and
``(B) may restore the employment of the employee.
``(c) Finality.--A decision by the Secretary to terminate
the employment of an employee under this section is final and
may not be appealed or reviewed outside the Department.
``(d) Notification to Congressional Committees.--Whenever
the Secretary terminates the employment of an employee under
the authority of this section, the Secretary shall promptly
notify the congressional defense committees of such
termination.
``(e) Preservation of Right to Seek Other Employment.--Any
termination of employment under this section does not affect
the right of the employee involved to seek or accept
employment with any other department or agency of the United
States if that employee is declared eligible for such
employment by the Director of the Office of Personnel
Management.
``(f) Prohibition on Delegation.--The authority of the
Secretary under this section may not be delegated.''.
(b) Clerical Amendment.--The table of contents at the
beginning of such Act is amended by inserting after the item
relating to section 3244 the following new item:
``Sec. 3245. Termination of employees to protect national security.''.
SEC. 3113. MODIFICATION OF INDEPENDENT COST ESTIMATES ON LIFE
EXTENSION PROGRAMS AND NEW NUCLEAR FACILITIES.
(a) In General.--Section 4217 of the Atomic Energy Defense
Act (50 U.S.C. 2537) is amended--
(1) in subsection (b)(2), by adding after the period at the
end the following: ``Such cost estimates shall be conducted
by the Secretary of Defense, acting through the Director of
Cost Assessment and Program Evaluation. The Director may
delegate carrying out such a cost estimate to another element
of the Department of Defense.''; and
(2) by amending subsection (c) to read as follows:
``(c) Authority for Further Assessments.--(1) In
consultation with the Administrator, the Secretary of
Defense, acting through the Director of Cost Assessment and
Program Evaluation,
[[Page H3461]]
may conduct an independent cost assessment of any initiative
or program of the Administration that is estimated to cost
more than $500,000,000. The Director may delegate carrying
out such a cost estimate to another element of the Department
of Defense.
``(2) The Secretary, acting through the Administrator,
shall request an appropriate official or entity to conduct an
independent review of each--
``(A) guidance for the analysis of alternatives for each
covered system or facility before such analysis is conducted;
and
``(B) results of such analysis.
``(3) The Secretary, acting through the Administrator,
shall submit to the congressional defense committees and the
Nuclear Weapons Council each independent review conducted
under paragraph (2).
``(4) In this subsection:
``(A) The term `appropriate official or entity' means the
following:
``(i) The Director of Cost Assessment and Program
Evaluation.
``(ii) An organization selected by the Director of Cost
Assessment and Program Evaluation.
``(iii) The JASON Defense Advisory Panel.
``(B) The term `covered system or facility' means the
following:
``(i) Each nuclear weapon system undergoing life extension
at the completion of phase 6.2A, relating to design
definition and cost study.
``(ii) Each new nuclear facility within the nuclear
security enterprise (as defined in section 4002(5) of the
Atomic Energy Defense Act (50 U.S.C. 2501(5)) that is
estimated to cost more than $500,000,000 before such facility
achieves critical decision 2 in the acquisition process.''.
(b) Effective Date.--The amendment made by subsection
(a)(2) shall expire on the date that is three years after the
date of the enactment of this Act. Effective on the day after
such expiration date, subsection (c) of section 4217 of the
Atomic Energy Defense Act (50 U.S.C. 2537), as in effect on
the day before the date of the enactment of this Act, is
hereby revived.
(c) Sense of Congress.--It is the sense of Congress that
Congress encourages the Administrator for Nuclear Security
and the Nuclear Weapons Council to follow the results of the
analysis of alternatives of a life extension program or a
defense nuclear facility construction project when selecting
a final option.
SEC. 3114. PLAN FOR RETRIEVAL, TREATMENT, AND DISPOSITION OF
TANK FARM WASTE AT HANFORD NUCLEAR RESERVATION.
(a) In General.--Subtitle D of title XLIV of the Atomic
Energy Defense Act (50 U.S.C. 2621 et seq.) is amended by
adding at the end the following new section:
``SEC. 4445. PLAN FOR RETRIEVAL, TREATMENT, AND DISPOSITION
OF TANK FARM WASTE AT HANFORD NUCLEAR
RESERVATION.
``(a) Plan.--Not later than March 1, 2014, the Secretary of
Energy shall submit to the congressional defense committees a
comprehensive plan through 2025 for the safe and effective
retrieval, treatment, and disposition of nuclear waste
contained in the tank farms of Hanford Nuclear Reservation,
Richland, Washington.
``(b) Matters Included.--The plan under subsection (a)
shall include the following:
``(1) A list of all requirements, assumptions, and criteria
needed to design, construct, and operate the Waste Treatment
and Immobilization Plant and any required infrastructure
facilities at the Hanford Tank Farms.
``(2) A schedule of activities, construction, and
operations at the Hanford Tank Farms and Waste Treatment and
Immobilization Plant required before 2025 to carry out the
safe and effective retrieval, treatment, and disposition of
waste in the Hanford Tank Farms.
``(3) Actions required to accelerate, to the extent
possible, the retrieval and treatment of lower-risk, low-
activity waste while continuing efforts to accelerate the
resolution of technical challenges associated with higher-
risk, high-activity waste.
``(4) A description of how the Secretary will--
``(A) provide adequate protection to workers and the public
under the plan; and
``(B) incorporate into the plan any new science and
technical information that was not available before the
development of the plan, including new science and technical
information not available as of March 2014.
``(c) Determinations.--(1) For each requirement,
assumption, or criterion identified by the Secretary under
subsection (b)(1), the Secretary shall include in the plan
under subsection (a) a determination regarding whether such
requirement, assumption or criterion is finalized and will be
used to inform planning, design, construction, and operations
of the Waste Treatment and Immobilization Plant project.
``(2) For each requirement, assumption, or criterion that
the Secretary cannot make a finalized determination for under
paragraph (1) by the date the plan under subsection (a) is
submitted to the congressional defense committees, the
Secretary shall--
``(A) include in the plan--
``(i) a description of the requirement, assumption, or
criterion;
``(ii) a list of activities required for the Secretary to
make such determination; and
``(iii) the date on which the Secretary anticipates making
such determination; and
``(B) once the Secretary makes the finalized determination
with respect to the requirement, assumption, or criterion,
submit to such committees notification that the requirement,
assumption, or criterion is finalized and will be used to
inform the planning, design, construction, and operations of
the Waste Treatment and Immobilization Plant project.
``(3)(A) Subject to subparagraph (B), the Secretary may
authorize a change to a requirement, assumption, or criterion
that the Secretary determines as finalized under paragraph
(1) or (2)(B).
``(B) The Secretary shall make changes to a requirement,
assumption, or criterion under subparagraph (A) if the
Secretary cannot provide adequate protection without making
such changes.
``(C) If the Secretary authorizes a change to a
requirement, assumption, or criterion under subparagraph (A)
or (B) that will have a material effect on any aspect of the
schedule or cost of the Waste Treatment and Immobilization
Plant project, the Secretary shall promptly notify the
congressional defense committees of such change.
``(D) The authority of the Secretary under this paragraph
may be delegated only to the Deputy Secretary of Energy.''.
(b) Clerical Amendment.--The table of contents at the
beginning of the Atomic Energy Defense Act is amended by
inserting after the item relating to section 4444 the
following new item:
``Sec. 4445. Plan for retrieval, treatment, and disposition of tank
farm waste at Hanford Nuclear Reservation.''.
SEC. 3115. ENHANCED PROCUREMENT AUTHORITY TO MANAGE SUPPLY
CHAIN RISK.
(a) In General.--Subtitle A of title XLVIII of the Atomic
Energy Defense Act (50 U.S.C. 2781 et seq.) is amended by
adding at the end the following:
``SEC. 4806. ENHANCED PROCUREMENT AUTHORITY TO MANAGE SUPPLY
CHAIN RISK.
``(a) Authority.--Subject to subsection (b), a covered
official may--
``(1) carry out a covered procurement action; and
``(2) notwithstanding any other provision of law, limit, in
whole or in part, the disclosure of information relating to
the basis for carrying out a covered procurement action.
``(b) Determination and Notification.--Before exercising
the authority under subsection (a), a covered official
shall--
``(1) obtain a joint recommendation by the Deputy Secretary
of Energy and the Chief Information Officer of the Department
of Energy, on the basis of a risk assessment conducted by the
Office of Intelligence and Counterintelligence of the
Department of Energy, that there is a significant supply
chain risk to a covered system;
``(2) make a determination in writing, with the concurrence
of the Deputy Secretary of Energy, that--
``(A) carrying out a covered procurement action under
subsection (a)(1) is necessary to protect national security
by reducing supply chain risk;
``(B) less intrusive measures are not reasonably available
to reduce such supply chain risk; and
``(C) if the covered official plans to limit disclosure of
information under subsection (a)(2), the risk to national
security that may result from the disclosure of such
information is greater than such risk that may result from
not disclosing such information; and
``(3) submit to the congressional defense committees, the
Committee on Energy and Natural Resources of the Senate, and
the Committee on Energy and Commerce of the House of
Representatives written notification of--
``(A) the joint recommendation under paragraph (1),
including a summary of the risk assessment by the Office of
Intelligence and Counterintelligence that serves as the basis
for such joint recommendation;
``(B) the determination under paragraph (2), including--
``(i) a summary of the basis for such determination; and
``(ii) a discussion of the less intrusive measures that
were considered under subparagraph (B) of such paragraph and
the reason that the official determined such measures to not
be reasonably available; and
``(C) the information required by section 2304(f)(3) of
title 10, United States Code.
``(c) Limitation on Disclosure.--If a covered official
exercises the authority under subsection (a), the covered
official shall--
``(1) notify appropriate parties of the covered procurement
action and the basis for such action only to the extent
necessary to carry out the covered procurement action;
``(2) notify other elements of the Department of Energy or
other departments or agencies of the United States that are
responsible for procurement that may be subject to the same
or similar supply chain risk of the covered procurement
action, consistent with the requirements of national
security; and
``(3) ensure the confidentiality of any notification made
under paragraph (1) or (2).
``(d) Delegation.--A covered official may not delegate the
authority provided under this section to an official of the
Department of Energy below the level of the Deputy Assistant
Secretary of Energy.
``(e) Definitions.--In this section:
``(1) The term `covered item of supply' means an item that
is purchased for inclusion in a covered system, and the loss
of integrity of which could result in a supply chain risk for
a covered system.
``(2) The term `covered official' means any of the
following:
``(A) The Under Secretary of Energy.
``(B) The Under Secretary of Energy for Science.
``(C) The Administrator for Nuclear Security.
``(D) The Administrator of the Energy Information
Administration.
``(E) The Administrator of the Bonneville Power
Administration.
``(F) The Administrator of the Southeastern Power
Administration.
``(G) The Administrator of the Southwestern Power
Administration.
``(H) The Administrator of the Western Area Power
Administration.
[[Page H3462]]
``(I) The Chief Information Officer of the Department of
Energy.
``(3) The term `covered procurement' means--
``(A) a source selection for a covered system or a covered
item of supply involving either a performance specification,
as described in paragraph (1)(C)(ii) of section 2305(a) of
title 10, United States Code, or an evaluation factor, as
described in paragraph (2)(A) of such section, relating to
supply chain risk;
``(B) the consideration of proposals for and issuance of a
task or delivery order for a covered system or a covered item
of supply if the task or delivery order contract concerned
includes a contract clause establishing a requirement
relating to supply chain risk; or
``(C) any contract action involving a contract for a
covered system or a covered item of supply if such contract
includes a clause establishing requirements relating to
supply chain risk.
``(4) The term `covered procurement action' means, with
respect to an action that occurs in the course of conducting
a covered procurement, any of the following:
``(A) The exclusion of a source that fails to meet
qualification standards established in accordance with the
requirements of section 2319 of title 10, United States Code,
for the purpose of reducing supply chain risk in the
acquisition of covered systems.
``(B) The exclusion of a source that fails to achieve an
acceptable rating with respect to an evaluation factor
providing for the consideration of supply chain risk in the
evaluation of proposals for the award of a contract or the
issuance of a task or delivery order.
``(C) The withholding of consent for a contractor to
subcontract with a particular source or the direction to a
contractor for a covered system to exclude a particular
source from consideration for a subcontract under the
contract.
``(5) The term `covered system' means--
``(A) nuclear weapons;
``(B) components of nuclear weapons;
``(C) items associated with the design, development,
production, and maintenance of nuclear weapons or components
of nuclear weapons; and
``(D) items associated with the surveillance of the nuclear
weapon stockpile; and
``(E) any national security system (as defined in section
3542(b)(2) of title 44, United States Code).
``(6) The term `supply chain risk' means the risk that an
adversary may sabotage, maliciously introduce an unwanted
function, or otherwise subvert the design, integrity,
manufacturing, production, distribution, installation,
operation, or maintenance of a covered system so as to
surveil, deny, disrupt, or otherwise degrade the function,
use, or operation of such system.''.
(b) Clerical Amendment.--The table of contents at the
beginning of such Act is amended by inserting after the item
relating to section 4805 the following new item:
``Sec. 4806. Enhanced procurement authority to manage supply chain
risk.''.
(c) Effective Date.--Section 4806 of the Atomic Energy
Defense Act, as added by subsection (a), shall apply with
respect to--
(1) contracts that are awarded on or after the date that is
180 days after the date of the enactment of this Act; and
(2) task and delivery orders that are issued on or after
the date that is 180 days after such date of enactment under
contracts awarded before, on, or after such date of
enactment.
SEC. 3116. LIMITATION ON AVAILABILITY OF FUNDS FOR NATIONAL
NUCLEAR SECURITY ADMINISTRATION.
(a) Limitation.--Except as provided by subsection (c), of
the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2014 for the
National Nuclear Security Administration, $139,500,000 may
not be obligated or expended until the date on which the
Administrator for Nuclear Security submits to the
congressional defense committees--
(1) a detailed plan to realize the planned efficiencies;
and
(2) written certification that the planned efficiencies
will be achieved during fiscal year 2014.
(b) Unrealized Efficiencies.--If the Administrator does not
submit to the congressional defense committees the matters
described in paragraphs (1) and (2) of subsection (a) by the
date that is 60 days after the date of the enactment of this
Act, the Administrator shall submit to the congressional
defense committees a report on--
(1) the amount of planned efficiencies that will not be
realized during fiscal year 2014; and
(2) any effects caused by such unrealized planned
efficiencies to the programs funded under the directed
stockpile work and nuclear programs accounts.
(c) Exception.--The limitation in subsection (a) shall
not--
(1) apply to funds authorized to be appropriated for
directed stockpile work, nuclear programs, or Naval Reactors;
or
(2) affect the authority of the Secretary under sections
4702, 4705, and 4711 of the Atomic Energy Defense Act (50
U.S.C. 2742, 2745, and 2751).
(d) Planned Efficiencies Defined.--In this section, the
term ``planned efficiencies'' means the $106,800,000, with
respect to directed stockpile work, and $32,700,000, with
respect to nuclear programs, that the Administrator plans to
save during fiscal year 2014 through management efficiency
and workforce restructuring reductions, as described in the
budget request for fiscal year 2014 that the President
submitted to Congress under section 1105(a) of title 31,
United States Code.
SEC. 3117. LIMITATION ON AVAILABILITY OF FUNDS FOR OFFICE OF
THE ADMINISTRATOR.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2014 for the Office
of the Administrator, not more than 75 percent may be
obligated or expended until--
(1) the President transmits to Congress the matters
required to be transmitted during 2013 and 2014 under section
4205(f)(2) of the Atomic Energy Defense Act (50 U.S.C.
2525(f)(2));
(2) the President transmits to the congressional defense
committees, the Committee on Foreign Relations of the Senate,
and the Committee on Foreign Affairs of the House of
Representatives the matters required to be transmitted during
2013 and 2014 under section 1043 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81;
125 Stat. 1576) with respect to such matters for which the
Secretary of Energy is responsible;
(3) the Administrator for Nuclear Security submits to the
congressional defense committees, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs
of the House of Representatives the reports required to be
submitted during 2013 and 2014 under section 3122(b)(1) of
the National Defense Authorization Act for Fiscal Year 2012
(Public Law 112-81; 125 Stat. 1710); and
(4) the Administrator submits to the congressional defense
committees--
(A) the detailed report on the stockpile stewardship,
management, and infrastructure plan required to be submitted
during 2013 under paragraph (2) of section 4203(b) of the
Atomic Energy Defense Act (50 U.S.C. 2523(b)(2)); and
(B) the summary of the plan required to be submitted during
2014 under paragraph (1) of such section.
SEC. 3118. LIMITATION ON AVAILABILITY OF FUNDS FOR GLOBAL
THREAT REDUCTION INITIATIVE.
(a) Sense of Congress.--It is the sense of Congress that,
particularly in the current constrained budget environment,
the National Nuclear Security Administration should--
(1) prioritize its primary mission of sustaining and
modernizing the nuclear weapons stockpile; and
(2) shift funding from secondary missions if required to
ensure critical nuclear weapons modernization programs stay
on schedule and deliver nuclear warheads needed to support
the military requirements of the United States.
(b) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2014
for the Global Threat Reduction Initiative of the National
Nuclear Security Administration, not more than 80 percent may
be obligated or expended unless, by not later than 60 days
after the date of the enactment of this Act, the
Administrator for Nuclear Security certifies to the
congressional defense committees that the B61 life extension
program will deliver a first production unit in fiscal year
2019.
(c) Exception.--The limitation in subsection (b) shall not
affect the authority of the Secretary under Section 4702 of
the AEDA (50 U.S.C. 2742).
SEC. 3119. ESTABLISHMENT OF CENTER FOR SECURITY TECHNOLOGY,
ANALYSIS, TESTING, AND RESPONSE.
(a) Establishment.--The Administrator for Nuclear Security
shall establish within the nuclear security enterprise (as
defined in section 4002(5) of the Atomic Energy Defense Act
(50 U.S.C. 2501(5)) a Center for Security Technology,
Analysis, Testing, and Response.
(b) Duties.--The center established under subsection (a)
shall carry out the following:
(1) Provide to the Administrator, the Chief of Defense
Nuclear Security, and the management and operating
contractors of the nuclear security enterprise a wide range
of objective expertise on security technologies, systems,
analysis, testing, and response forces.
(2) Assist the Administrator in developing standards,
requirements, analysis methods, and testing criteria with
respect to security.
(3) Collect, analyze, and distribute lessons learned with
respect to security.
(4) Support inspections and oversight activities with
respect to security.
(5) Promote professional development and training for
security professionals.
(6) Provide for advance and bulk procurement for security-
related acquisitions that affect multiple facilities of the
nuclear security enterprise.
(7) Advocate for continual improvement and security
excellence throughout the nuclear security enterprise.
SEC. 3120. COST-BENEFIT ANALYSES FOR COMPETITION OF
MANAGEMENT AND OPERATING CONTRACTS.
(a) Bid Protest.--Subsection (a) of section 3121 of the
National Authorization Act for Fiscal Year 2013 (Public Law
112-239; 126 Stat. 2175) is amended by inserting ``or the
date on which a protest with respect to such a contract is
resolved'' before the period at the end.
(b) Expected Cost Savings.--Subsection (b)(1) of such
section is amended by inserting ``, including a description
of the assumptions used and analysis conducted to determine
such expected cost savings'' before the semicolon.
(c) Naval Reactors.--Subsection (d) of such section is
amended by adding at the end the following new paragraph:
``(3) Naval reactors.--The requirement for reports under
subsection (a) shall not apply with respect to a management
and operations contract for a Naval Reactor facility.''.
SEC. 3121. W88-1 WARHEAD AND W78-1 WARHEAD LIFE EXTENSION
OPTIONS.
In carrying out Phase 6.2 and Phase 6.2A of the Joint W78/
88-1 Warhead Life Extension Program, the Secretary of Defense
and the Secretary of Energy, acting through the Nuclear
Weapons Council established by section 179 of title 10,
United States Code, shall include during such phases a full
analysis of feasibility, design definition, and cost
estimation for each of the following life extension options:
[[Page H3463]]
(1) A separate life extension option to produce a W78-1
warhead.
(2) A separate life extension option to produce a W88-1
warhead.
(3) An interoperable W78/88-1 life extension option.
(4) Any other option that the Nuclear Weapons Council
considers appropriate.
SEC. 3122. EXTENSION OF PRINCIPLES OF PILOT PROGRAM TO
ADDITIONAL FACILITIES OF THE NUCLEAR SECURITY
ENTERPRISE.
(a) Findings.--Congress finds the following:
(1) In April 2006, the Administrator for Nuclear Security
initiated a pilot program to improve and streamline oversight
of the Kansas City Plant of the National Nuclear Security
Administration.
(2) In a memorandum initiating the pilot, the Administrator
cited slow progress in implementing previous efforts to
streamline such oversight, saying that such slow progress
``is a reflection of excessive risk aversion''.
(3) The pilot program shifted away from reliance on
directives of the Department of Energy and toward third-party
certification and industrial standards whenever possible--but
the pilot program specifically exempted certain high-hazard
operations from its scope.
(4) An independent assessment conducted one year after
initiation of the pilot found approximately $14,000,000 had
been saved in fiscal year 2007 because of the pilot program.
(5) The independent assessment found that ``the replacement
of Department of Energy prescriptive requirements with site
specific standards and operating systems was observed to be a
significant cost reduction driver. . .in several business
areas, this reduction was accomplished by moving toward the
use of metrics and benchmarks rather than transactional
oversight.''.
(6) The independent assessment further found that ``no
immediate or negative impacts were observed as a result'' of
the pilot program and that ``the lessons learned at [the
Kansas City Plant] can and should be applied at other NNSA
and DOE sites'', while acknowledging that application of such
lessons would be limited by the presence of high-risk, high-
hazard activities at such locations.
(7) The independent assessment concluded, ``it is our
opinion that these elements can be encouraged and developed
over time at each NNSA facility, subject to the limitations
made necessary by the nature of the site.''.
(b) Extension of Policies.--
(1) In general.--Except as provided by paragraph (2), the
Administrator for Nuclear Security shall--
(A) ensure that the principles of the pilot program are
permanently implemented at the Kansas City Plant of the
National Nuclear Security Administration; and
(B) in accordance with paragraph (3), extend such
principles of the pilot program, with modifications as the
Administrator determines appropriate, to not less than two
additional facilities of the nuclear security enterprise (as
defined in section 4002(5) of the Atomic Energy Defense Act
(50 U.S.C. 2501(5)), with such principles commencing at each
facility not later than one year after the date of the
enactment of this Act.
(2) Exemption.--In carrying out the extension of the
principles of the pilot program pursuant to subparagraph (A)
and (B) of paragraph (1), the Administrator--
(A) may exempt high-hazard or high-risk activities from
such extension;
(B) shall exempt nuclear operations from such extension;
and
(C) shall focus the initial extension of such principles on
low-risk, high-reward initiatives.
(3) Implementation.--
(A) In extending the principles of the pilot program to not
less than two facilities under paragraph (1)(B), the
Administrator shall certify to the appropriate congressional
committees that--
(i) the management and operating contractor for such a
facility has sufficiently mature processes, as well as high
performance, to enable the extension without undue risk; and
(ii) Federal oversight mechanisms are in place and
sufficiently mature to enable the extension without undue
risk.
(B) If the Administrator cannot make a certification under
subparagraph (A) with respect to a facility--
(i) the Administrator shall delay the extension of the
principles of the pilot program to such facility until the
date on which the Administrator makes such certification; and
(ii) not later than one year after the date of the
enactment of this Act, the Administrator shall submit to the
appropriate congressional committees a report regarding--
(I) the improvements to processes, procedures, and
performance that are required to make such certification;
(II) a plan with respect to the activities that the
Administrator will carry out to make such improvements; and
(III) the date by which the Administrator expects to make
such certification and extend the principles of the pilot
program.
(4) Definitions.--In this subsection:
(A) The term ``appropriate congressional committees'' means
the following:
(i) The congressional defense committees.
(ii) The Committee on Energy and Natural Resources of the
Senate and the Committee on Energy and Commerce of the House
of Representatives.
(B) The term ``principles of the pilot program'' means the
principles regarding the use of third-party certification,
industrial standards, best business practices, and
verification of internal procedures and performance to
improve and streamline oversight, as demonstrated in the
pilot program at the Kansas City Plant of the Administration
described in subsection (a)(1).
Subtitle C--Reports
SEC. 3131. ANNUAL REPORT AND CERTIFICATION ON STATUS OF THE
SECURITY OF THE NUCLEAR SECURITY ENTERPRISE.
(a) In General.--Section 4506 of the Atomic Energy Defense
Act (50 U.S.C. 2657) is amended to read as follows:
``SEC. 4506. ANNUAL REPORT AND CERTIFICATION ON STATUS OF THE
SECURITY OF THE NUCLEAR SECURITY ENTERPRISE.
``Not later than September 30 of each year, the
Administrator shall submit to the Secretary of Energy and to
the congressional defense committees--
``(1) a report detailing the status of the security of the
nuclear security enterprise, including the status of the
security of special nuclear material, nuclear weapons, and
classified information at each nuclear weapons production
facility and national security laboratory; and
``(2) written certification that the special nuclear
material, nuclear weapons, and classified information in the
custody of the Administration are secure.''.
(b) Clerical Amendment.--The table of contents at the
beginning of such Act is amended by striking the item
relating to section 4506 and inserting the following new
item:
``Sec. 4506. Annual report and certification on status of the security
of the nuclear security enterprise.''.
SEC. 3132. MODIFICATIONS TO ANNUAL REPORTS REGARDING THE
CONDITION OF THE NUCLEAR WEAPONS STOCKPILE.
(a) Report on Assessments.--Subsection (e) of section 4205
of the Atomic Energy Defense Act (50 U.S.C. 2525) is
amended--
(1) in paragraph (3)--
(A) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(E) a concise summary of any significant finding
investigations initiated or active during the previous year
for which the head of the national security laboratory has
full or partial responsibility.''; and
(2) by amending paragraph (4) to read as follows:
``(4) In the case of a report submitted by the Commander of
the United States Strategic Command--
``(A) a discussion of the relative merits of other nuclear
weapon types (if any), or compensatory measures (if any) that
could be taken, that could enable accomplishment of the
missions of the nuclear weapon types to which the assessments
relate, should such assessments identify any deficiency with
respect to such nuclear weapon types; and
``(B) a summary of all major assembly releases in place as
of the date of the report for the active and inactive nuclear
weapon stockpiles.''.
(b) Reports Submitted to the President and Congress.--
Subsection (f) of such section is amended by adding at the
end the following new paragraph:
``(3) If the President does not forward to Congress the
matters required under paragraph (2) by the date required
under such paragraph, each official specified in subsection
(b) shall submit to the congressional defense committees the
report, without change, that the official submitted to the
Secretary concerned under subsection (e).''.
SEC. 3133. REPEAL OF CERTAIN REPORTING REQUIREMENTS.
(a) Report on Counterintelligence and Security Practices at
National Laboratories.--
(1) In general.--Section 4507 of the Atomic Energy Defense
Act (50 U.S.C. 2658) is repealed.
(2) Clerical amendment.--The table of contents at the
beginning of the Atomic Energy Defense Act is amended by
striking the item relating to section 4507.
(b) Reports on Advanced Supercomputer Sales to Certain
Foreign Nations.--Section 3157 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 50
U.S.C. App. 2404 note) is repealed.
Subtitle D--Other Matters
SEC. 3141. CONGRESSIONAL ADVISORY PANEL ON THE GOVERNANCE OF
THE NUCLEAR SECURITY ENTERPRISE.
Section 3166 of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112-239; 126 Stat. 2208) is
amended--
(1) in subsection (d)--
(A) in paragraph (1), by striking ``180 days after the date
of the enactment of this Act'' and inserting ``October 1,
2013''; and
(B) in paragraph (2), by striking ``February 1, 2014'' and
inserting ``March 1, 2014''; and
(2) by amending subsection (f) to read as follows:
``(f) Termination.--
``(1) In general.--The advisory panel shall terminate not
later than September 30, 2014.
``(2) Final report.--Before terminating, the advisory panel
may submit to the officials and committees specified in
subsection (d)(1) a final report that includes a summary of
the activities and recommendations of the advisory panel and
such other matters as the advisory panel considers
appropriate.''.
SEC. 3142. STUDY OF POTENTIAL REUSE OF NUCLEAR WEAPON
SECONDARIES.
(a) Study.--Not later than 60 days after the date of the
enactment of this Act, the Administrator for Nuclear Security
shall conduct a study of the potential reuse of nuclear
weapon secondaries that includes an assessment of the
potential for reusing secondaries in future life extension
programs, including--
(1) a description of which secondaries could be reused;
[[Page H3464]]
(2) the number of such secondaries available in the
stockpile as of the date of the study; and
(3) the number of such secondaries that are planned to be
available after such date as a result of the dismantlement of
nuclear weapons.
(b) Matters Included.--The study under subsection (a) shall
include the following:
(1) The feasibility and practicability of potential full or
partial reuse options with respect to nuclear weapon
secondaries.
(2) The benefits and risks of reusing such secondaries.
(3) A list of technical challenges that must be resolved to
certify aged materials under dynamic loading conditions and
the full stockpile-to-target sequence of weapons, including a
program plan and timeline for resolving such technical
challenges and an assessment of the importance of resolving
outstanding materials issues on certifying aged secondaries.
(4) The potential costs and cost savings of such reuse.
(5) The effects of such reuse on the requirements for
secondaries manufacturing.
(6) An assessment of how such reuse affects plans to build
a responsive nuclear weapons infrastructure.
(c) Submission.--Not later than March 1, 2014, the
Administrator shall submit to the congressional defense
committees the study under subsection (a).
SEC. 3143. CLARIFICATION OF ROLE OF SECRETARY OF ENERGY.
The amendment made by section 3113 of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239;
126 Stat. 2169) to section 4102 of the Atomic Energy Defense
Act (50 U.S.C. 2512) may not be construed as affecting the
authority of the Secretary of Energy, in carrying out
national security programs, with respect to the management,
planning, and oversight of the National Nuclear Security
Administration or as affecting the delegation by the
Secretary of Energy of authority to carry out such
activities, as set forth under subsection (a) of such section
4102 as it existed before the amendment made by such section
3113.
SEC. 3144. TECHNICAL AMENDMENT TO ATOMIC ENERGY ACT OF 1954.
Chapter 10 of the Atomic Energy Act of 1954 (42 U.S.C. 2131
et seq.), as amended by section 3176 of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239;
126 Stat. 2215), is amended in the matter following section
111 by inserting before ``a. The Commission'' the following:
``SEC. 112. DOMESTIC MEDICAL ISOTOPE PRODUCTION.--''.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There is authorized to be appropriated for fiscal year 2014
$29,915,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).
SEC. 3202. IMPROVEMENTS TO THE DEFENSE NUCLEAR FACILITIES
SAFETY BOARD.
(a) Cost-benefit Analysis.--Subsection (a) of section 315
of the Atomic Energy Act of 1954 (42 U.S.C. 2286d(a)) is
amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) The Secretary may request an analysis from the Board
regarding the costs and benefits of any draft or final
recommendation. If the Secretary requests such an analysis,
the Board shall transmit to the Secretary such analysis by
not later than 30 days after the date of the request. The
Board shall make such analysis available to the public when
the associated recommendation is made available to the public
under subsection (b) or promptly thereafter. Additionally, if
the Secretary requests such an analysis, the Secretary shall
conduct an analysis of the costs and benefits of the
recommendation and make such analysis available to the public
together with the response of the Secretary to the Board
under subsection (c).''.
(b) Recommendations.--Paragraph (5) of section 312(b) of
such Act (42. U.S.C. 2286a(b)(5)) is amended to read as
follows:
``(5) Recommendations.--The Board shall make such
recommendations to the Secretary of Energy with respect to
Department of Energy defense nuclear facilities, including
operations of such facilities, standards, and research needs,
as the Board determines are necessary to ensure adequate
protection of public health and safety. In making its
recommendations, the Board shall--
``(A) use rigorous, quantitative analysis;
``(B) specifically assess risk (whenever sufficient data
exists);
``(C) specifically assess the use of various
administrative, passive, and engineered controls for
implementing the recommended measures; and
``(D) specifically assess the technical and economic
feasibility of implementing the recommended measures.''.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated
to the Secretary of Energy $20,000,000 for fiscal year 2014
for the purpose of carrying out activities under chapter 641
of title 10, United States Code, relating to the naval
petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to
the authorization of appropriations in subsection (a) shall
remain available until expended.
TITLE XXXV--MARITIME ADMINISTRATION
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL
SECURITY ASPECTS OF THE MERCHANT MARINE FOR
FISCAL YEAR 2014.
Funds are hereby authorized to be appropriated for fiscal
year 2014, to be available without fiscal year limitation if
so provided in appropriations Acts, for the use of the
Department of Transportation for Maritime Administration
programs associated with maintaining national security
aspects of the merchant marine, as follows:
(1) For expenses necessary for operations of the United
States Merchant Marine Academy, $81,268,000, of which--
(A) $67,268,000 shall remain available until expended for
Academy operations; and
(B) $14,000,000 shall remain available until expended for
capital asset management at the Academy.
(2) For expenses necessary to support the State maritime
academies, $17,100,000, of which--
(A) $2,400,000 shall remain available until expended for
student incentive payments;
(B) $3,600,000 shall remain available until expended for
direct payments to such academies; and
(C) $11,100,000 shall remain available until expended for
maintenance and repair of State maritime academy training
vessels.
(3) For expenses necessary to dispose of vessels in the
National Defense Reserve Fleet, $2,000,000, to remain
available until expended.
(4) For expenses to maintain and preserve a United States-
flag merchant marine to serve the national security needs of
the United States under chapter 531 of title 46, United
States Code, $183,000,000.
(5) For the cost (as defined in section 502(5) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan
guarantees under the program authorized by chapter 537 of
title 46, United States Code, $72,655,000, of which
$2,655,000 shall remain available until expended for
administrative expenses of the program.
SEC. 3502. 5-YEAR REAUTHORIZATION OF VESSEL WAR RISK
INSURANCE PROGRAM.
Section 53912 of title 46, United States Code, is amended
by striking ``December 31, 2015'' and inserting ``December
31, 2020''.
SEC. 3503. SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) It is in the interest of United States national
security that the United States merchant marine, both ships
and mariners, serve as a naval auxiliary in times of war or
national emergency.
(2) The readiness of the United States merchant fleet
should be augmented by a Government-owned reserve fleet
comprised of ships with national defense features that may
not be available immediately in sufficient numbers or types
in the active United States-owned, United States-flagged, and
United States-crewed commercial industry.
(3) The Ready Reserve Force of the Maritime Administration,
a component of the National Defense Reserve Fleet, plays an
important role in United States national security by
providing necessary readiness and efficiency in the form of a
Government-owned sealift fleet.
(b) Sense of Congress.--It is the sense of Congress that--
(1) maintaining a United States shipbuilding base is
critical to meeting United States national security
requirements;
(2) it is of vital importance that the Ready Reserve Force
of the Maritime Administration remains capable, modern, and
efficient in order to best serve the national security needs
of the United States in times of war or national emergency;
(3) Federal agencies must consider investment options for
replacing aging vessels within the Ready Reserve Force to
meet future operational commitments;
(4) investment in recapitalizing the Ready Reserve Force
may include--
(A) construction of dual-use vessels, based on need, for
use in the America's Marine Highway Program of the Department
of Transportation, as a recent study performed under a
cooperative agreement between the Maritime Administration and
the Navy demonstrated that dual-use vessels transporting
domestic freight between United States ports could be called
upon to supplement sealift capacity;
(B) construction of tanker vessels to meet military
transport needs; and
(C) construction of vessels for use in transporting
potential new energy exports; and
(5) the Department of Transportation, in consultation with
the Navy, should pursue the most cost-effective means of
recapitalizing the Ready Reserve Force, including by
promoting the building of new vessels that are militarily
useful and commercially viable.
DIVISION D--FUNDING TABLES
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.
(a) In General.--Whenever a funding table in this division
specifies a dollar amount authorized for a project, program,
or activity, the obligation and expenditure of the specified
dollar amount for the project, program, or activity is hereby
authorized, subject to the availability of appropriations.
(b) Merit-based Decisions.--A decision to commit, obligate,
or expend funds with or to a specific entity on the basis of
a dollar amount authorized pursuant to subsection (a) shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive
procedures; and
(2) comply with other applicable provisions of law.
(c) Relationship to Transfer and Programming Authority.--An
amount specified in the funding tables in this division may
be transferred or reprogrammed under a transfer or
reprogramming authority provided by another
[[Page H3465]]
provision of this Act or by other law. The transfer or
reprogramming of an amount specified in such funding tables
shall not count against a ceiling on such transfers or
reprogrammings under section 1001 or section 1522 of this Act
or any other provision of law, unless such transfer or
reprogramming would move funds between appropriation
accounts.
(d) Applicability to Classified Annex.--This section
applies to any classified annex that accompanies this Act.
(e) Oral and Written Communications.--No oral or written
communication concerning any amount specified in the funding
tables in this division shall supersede the requirements of
this section.
TITLE XLI--PROCUREMENT
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2014 House
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
001 UTILITY F/W AIRCRAFT. 19,730 19,730
002 AERIAL COMMON SENSOR 142,050 142,050
(ACS) (MIP).
003 MQ-1 UAV............. 518,460 518,460
004 RQ-11 (RAVEN)........ 10,772 10,772
ROTARY
005 HELICOPTER, LIGHT 96,227 231,327
UTILITY (LUH).
Program increase [115,100]
for additional
aircraft.
Program increase [20,000]
for fielding.
006 AH-64 APACHE BLOCK 608,469 608,469
IIIA REMAN.
007 ADVANCE 150,931 150,931
PROCUREMENT (CY).
011 UH-60 BLACKHAWK M 1,046,976 1,046,976
MODEL (MYP).
012 ADVANCE 116,001 116,001
PROCUREMENT (CY).
013 CH-47 HELICOPTER..... 801,650 801,650
014 ADVANCE 98,376 98,376
PROCUREMENT (CY).
MODIFICATION OF
AIRCRAFT
015 MQ-1 PAYLOAD--UAS.... 97,781 97,781
016 GUARDRAIL MODS (MIP). 10,262 10,262
017 MULTI SENSOR ABN 12,467 12,467
RECON (MIP).
018 AH-64 MODS........... 53,559 53,559
019 CH-47 CARGO 149,764 149,764
HELICOPTER MODS
(MYP).
020 UTILITY/CARGO 17,500 17,500
AIRPLANE MODS.
021 UTILITY HELICOPTER 74,095 74,095
MODS.
022 KIOWA MODS WARRIOR... 184,044 184,044
023 NETWORK AND MISSION 152,569 152,569
PLAN.
024 COMMS, NAV 92,779 92,779
SURVEILLANCE.
025 GATM ROLLUP.......... 65,613 65,613
026 RQ-7 UAV MODS........ 121,902 121,902
GROUND SUPPORT
AVIONICS
027 AIRCRAFT 47,610 47,610
SURVIVABILITY
EQUIPMENT.
028 SURVIVABILITY CM..... 5,700 5,700
029 CMWS................. 126,869 126,869
OTHER SUPPORT
030 AVIONICS SUPPORT 6,809 6,809
EQUIPMENT.
031 COMMON GROUND 65,397 65,397
EQUIPMENT.
032 AIRCREW INTEGRATED 45,841 45,841
SYSTEMS.
033 AIR TRAFFIC CONTROL.. 79,692 79,692
034 INDUSTRIAL FACILITIES 1,615 1,615
035 LAUNCHER, 2.75 ROCKET 2,877 2,877
TOTAL AIRCRAFT 5,024,387 5,159,487
PROCUREMENT,
ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
002 MSE MISSILE.......... 540,401 540,401
AIR-TO-SURFACE
MISSILE SYSTEM
003 HELLFIRE SYS SUMMARY. 4,464 4,464
ANTI-TANK/ASSAULT
MISSILE SYS
004 JAVELIN (AAWS-M) 110,510 110,510
SYSTEM SUMMARY.
005 TOW 2 SYSTEM SUMMARY. 49,354 49,354
006 ADVANCE 19,965 19,965
PROCUREMENT (CY).
007 GUIDED MLRS ROCKET 237,216 237,216
(GMLRS).
008 MLRS REDUCED RANGE 19,022 19,022
PRACTICE ROCKETS
(RRPR).
MODIFICATIONS
010 PATRIOT MODS......... 256,438 256,438
011 STINGER MODS......... 37,252 37,252
012 ITAS/TOW MODS........ 20,000 20,000
013 MLRS MODS............ 11,571 11,571
014 HIMARS MODIFICATIONS. 6,105 6,105
SPARES AND REPAIR
PARTS
015 SPARES AND REPAIR 11,222 11,222
PARTS.
SUPPORT EQUIPMENT &
FACILITIES
016 AIR DEFENSE TARGETS.. 3,530 3,530
017 ITEMS LESS THAN $5.0M 1,748 1,748
(MISSILES).
018 PRODUCTION BASE 5,285 5,285
SUPPORT.
TOTAL MISSILE 1,334,083 1,334,083
PROCUREMENT,
ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT
VEHICLES
001 STRYKER VEHICLE...... 374,100 374,100
MODIFICATION OF
TRACKED COMBAT
VEHICLES
002 STRYKER (MOD)........ 20,522 20,522
003 FIST VEHICLE (MOD)... 29,965 29,965
004 BRADLEY PROGRAM (MOD) 158,000 158,000
[[Page H3466]]
005 HOWITZER, MED SP FT 4,769 4,769
155MM M109A6 (MOD).
006 PALADIN INTEGRATED 260,177 260,177
MANAGEMENT (PIM).
007 IMPROVED RECOVERY 111,031 186,031
VEHICLE (M88A2
HERCULES).
Program increase. [75,000]
008 ASSAULT BRIDGE (MOD). 2,500 2,500
009 ASSAULT BREACHER 62,951 93,951
VEHICLE.
Program increase. [31,000]
010 M88 FOV MODS......... 28,469 28,469
011 JOINT ASSAULT BRIDGE. 2,002 2,002
012 M1 ABRAMS TANK (MOD). 178,100 178,100
013 ABRAMS UPGRADE 168,000
PROGRAM.
Program increase. [168,000]
SUPPORT EQUIPMENT &
FACILITIES
014 PRODUCTION BASE 1,544 1,544
SUPPORT (TCV-WTCV).
WEAPONS & OTHER
COMBAT VEHICLES
015 INTEGRATED AIR BURST 69,147 8,147
WEAPON SYSTEM FAMILY.
Funding ahead of [-50,000]
need.
Transfer to PE [-11,000]
64601A per Army's
request.
018 MORTAR SYSTEMS....... 5,310 5,310
019 XM320 GRENADE 24,049 24,049
LAUNCHER MODULE
(GLM).
021 CARBINE.............. 70,846 48,846
Funding ahead of [-22,000]
need.
023 COMMON REMOTELY 56,580 56,580
OPERATED WEAPONS
STATION.
024 HANDGUN.............. 300 300
MOD OF WEAPONS AND
OTHER COMBAT VEH
026 M777 MODS............ 39,300 39,300
027 M4 CARBINE MODS...... 10,300 10,300
028 M2 50 CAL MACHINE GUN 33,691 33,691
MODS.
029 M249 SAW MACHINE GUN 7,608 7,608
MODS.
030 M240 MEDIUM MACHINE 2,719 2,719
GUN MODS.
031 SNIPER RIFLES 7,017 7,017
MODIFICATIONS.
032 M119 MODIFICATIONS... 18,707 18,707
033 M16 RIFLE MODS....... 2,136 2,136
034 MODIFICATIONS LESS 1,569 1,569
THAN $5.0M (WOCV-
WTCV).
SUPPORT EQUIPMENT &
FACILITIES
035 ITEMS LESS THAN $5.0M 2,024 2,024
(WOCV-WTCV).
036 PRODUCTION BASE 10,108 10,108
SUPPORT (WOCV-WTCV).
037 INDUSTRIAL 459 459
PREPAREDNESS.
038 SMALL ARMS EQUIPMENT 1,267 1,267
(SOLDIER ENH PROG).
TOTAL 1,597,267 1,788,267
PROCUREMENT OF
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
002 CTG, 5.56MM, ALL 112,167 87,167
TYPES.
Unit cost [-25,000]
efficiencies--Arm
y requested
reduction.
003 CTG, 7.62MM, ALL 58,571 53,571
TYPES.
Unit cost [-5,000]
efficiencies--Arm
y requested
reduction.
004 CTG, HANDGUN, ALL 9,858 9,858
TYPES.
005 CTG, .50 CAL, ALL 80,037 55,037
TYPES.
Unit cost [-25,000]
efficiencies--Arm
y requested
reduction.
007 CTG, 25MM, ALL TYPES. 16,496 16,496
008 CTG, 30MM, ALL TYPES. 69,533 50,033
Unit cost [-19,500]
efficiencies--Arm
y requested
reduction.
009 CTG, 40MM, ALL TYPES. 55,781 55,781
MORTAR AMMUNITION
010 60MM MORTAR, ALL 38,029 38,029
TYPES.
011 81MM MORTAR, ALL 24,656 24,656
TYPES.
012 120MM MORTAR, ALL 60,781 60,781
TYPES.
TANK AMMUNITION
013 CARTRIDGES, TANK, 121,551 121,551
105MM AND 120MM, ALL
TYPES.
ARTILLERY AMMUNITION
014 ARTILLERY CARTRIDGES, 39,825 39,825
75MM & 105MM, ALL
TYPES.
015 ARTILLERY PROJECTILE, 37,902 37,902
155MM, ALL TYPES.
016 PROJ 155MM EXTENDED 67,896 67,896
RANGE M982.
017 ARTILLERY 71,205 71,205
PROPELLANTS, FUZES
AND PRIMERS, ALL.
ROCKETS
020 SHOULDER LAUNCHED 1,012 1,012
MUNITIONS, ALL TYPES.
021 ROCKET, HYDRA 70, ALL 108,476 108,476
TYPES.
OTHER AMMUNITION
022 DEMOLITION MUNITIONS, 24,074 24,074
ALL TYPES.
023 GRENADES, ALL TYPES.. 33,242 33,242
024 SIGNALS, ALL TYPES... 7,609 7,609
025 SIMULATORS, ALL TYPES 5,228 5,228
MISCELLANEOUS
026 AMMO COMPONENTS, ALL 16,700 16,700
TYPES.
027 NON-LETHAL 7,366 7,366
AMMUNITION, ALL
TYPES.
028 CAD/PAD ALL TYPES.... 3,614 3,614
029 ITEMS LESS THAN $5 12,423 12,423
MILLION (AMMO).
030 AMMUNITION PECULIAR 16,604 16,604
EQUIPMENT.
031 FIRST DESTINATION 14,328 14,328
TRANSPORTATION
(AMMO).
032 CLOSEOUT LIABILITIES. 108 108
PRODUCTION BASE
SUPPORT
[[Page H3467]]
033 PROVISION OF 242,324 242,324
INDUSTRIAL
FACILITIES.
034 CONVENTIONAL 179,605 179,605
MUNITIONS
DEMILITARIZATION.
035 ARMS INITIATIVE...... 3,436 3,436
TOTAL 1,540,437 1,465,937
PROCUREMENT OF
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
001 TACTICAL TRAILERS/ 4,000 4,000
DOLLY SETS.
002 SEMITRAILERS, 6,841 6,841
FLATBED:.
003 FAMILY OF MEDIUM 223,910 223,910
TACTICAL VEH (FMTV).
004 FIRETRUCKS & 11,880 11,880
ASSOCIATED
FIREFIGHTING EQUIP.
005 FAMILY OF HEAVY 14,731 14,731
TACTICAL VEHICLES
(FHTV).
006 PLS ESP.............. 44,252 44,252
009 HVY EXPANDED MOBILE 39,525 39,525
TACTICAL TRUCK EXT
SERV.
011 TACTICAL WHEELED 51,258 25,958
VEHICLE PROTECTION
KITS.
Funding ahead of [-25,300]
need.
012 MODIFICATION OF IN 49,904 49,904
SVC EQUIP.
013 MINE-RESISTANT AMBUSH- 2,200 2,200
PROTECTED (MRAP)
MODS.
NON-TACTICAL VEHICLES
014 HEAVY ARMORED SEDAN.. 400 400
015 PASSENGER CARRYING 716 716
VEHICLES.
016 NONTACTICAL VEHICLES, 5,619 5,619
OTHER.
COMM--JOINT
COMMUNICATIONS
018 WIN-T--GROUND FORCES 973,477 973,477
TACTICAL NETWORK.
019 SIGNAL MODERNIZATION 14,120 14,120
PROGRAM.
020 JOINT INCIDENT SITE 7,869 7,869
COMMUNICATIONS
CAPABILITY.
021 JCSE EQUIPMENT 5,296 5,296
(USREDCOM).
COMM--SATELLITE
COMMUNICATIONS
022 DEFENSE ENTERPRISE 147,212 147,212
WIDEBAND SATCOM
SYSTEMS.
023 TRANSPORTABLE 7,998 7,998
TACTICAL COMMAND
COMMUNICATIONS.
024 SHF TERM............. 7,232 7,232
025 NAVSTAR GLOBAL 3,308 3,308
POSITIONING SYSTEM
(SPACE).
026 SMART-T (SPACE)...... 13,992 13,992
028 GLOBAL BRDCST SVC-- 28,206 28,206
GBS.
029 MOD OF IN-SVC EQUIP 2,778 2,778
(TAC SAT).
COMM--C3 SYSTEM
031 ARMY GLOBAL CMD & 17,590 17,590
CONTROL SYS (AGCCS).
COMM--COMBAT
COMMUNICATIONS
032 ARMY DATA 786 786
DISTRIBUTION SYSTEM
(DATA RADIO).
033 JOINT TACTICAL RADIO 382,930 382,930
SYSTEM.
034 MID-TIER NETWORKING 19,200 19,200
VEHICULAR RADIO
(MNVR).
035 RADIO TERMINAL SET, 1,438 1,438
MIDS LVT(2).
036 SINCGARS FAMILY...... 9,856 9,856
037 AMC CRITICAL ITEMS-- 14,184 14,184
OPA2.
038 TRACTOR DESK......... 6,271 6,271
040 SOLDIER ENHANCEMENT 1,030 1,030
PROGRAM COMM/
ELECTRONICS.
041 TACTICAL 31,868 31,868
COMMUNICATIONS AND
PROTECTIVE SYSTEM.
042 UNIFIED COMMAND SUITE 18,000 18,000
044 RADIO, IMPROVED HF 1,166 1,166
(COTS) FAMILY.
045 FAMILY OF MED COMM 22,867 22,867
FOR COMBAT CASUALTY
CARE.
COMM--INTELLIGENCE
COMM
048 CI AUTOMATION 1,512 1,512
ARCHITECTURE.
049 ARMY CA/MISO GPF 61,096 61,096
EQUIPMENT.
INFORMATION SECURITY
050 TSEC--ARMY KEY MGT 13,890 13,890
SYS (AKMS).
051 INFORMATION SYSTEM 23,245 23,245
SECURITY PROGRAM-
ISSP.
052 BIOMETRICS ENTERPRISE 3,800 3,800
053 COMMUNICATIONS 24,711 24,711
SECURITY (COMSEC).
COMM--LONG HAUL
COMMUNICATIONS
055 BASE SUPPORT 43,395 43,395
COMMUNICATIONS.
COMM--BASE
COMMUNICATIONS
057 INFORMATION SYSTEMS.. 104,577 104,577
058 DEFENSE MESSAGE 612 612
SYSTEM (DMS).
059 EMERGENCY MANAGEMENT 39,000 39,000
MODERNIZATION
PROGRAM.
060 INSTALLATION INFO 248,477 248,477
INFRASTRUCTURE MOD
PROGRAM.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
064 JTT/CIBS-M........... 824 824
065 PROPHET GROUND....... 59,198 59,198
067 DCGS-A (MIP)......... 267,214 267,214
068 JOINT TACTICAL GROUND 9,899 9,899
STATION (JTAGS).
069 TROJAN (MIP)......... 24,598 24,598
070 MOD OF IN-SVC EQUIP 1,927 1,927
(INTEL SPT) (MIP).
071 CI HUMINT AUTO 6,169 6,169
REPRTING AND
COLL(CHARCS).
072 MACHINE FOREIGN 2,924 2,924
LANGUAGE TRANSLATION
SYSTEM-M.
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
074 LIGHTWEIGHT COUNTER 40,735 40,735
MORTAR RADAR.
075 EW PLANNING & 13 13
MANAGEMENT TOOLS
(EWPMT).
076 ENEMY UAS............ 2,800 2,800
079 COUNTERINTELLIGENCE/ 1,237 1,237
SECURITY
COUNTERMEASURES.
080 CI MODERNIZATION..... 1,399 1,399
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
082 SENTINEL MODS........ 47,983 47,983
[[Page H3468]]
083 SENSE THROUGH THE 142 142
WALL (STTW).
084 NIGHT VISION DEVICES. 202,428 202,428
085 LONG RANGE ADVANCED 5,183 5,183
SCOUT SURVEILLANCE
SYSTEM.
086 NIGHT VISION, THERMAL 14,074 14,074
WPN SIGHT.
087 SMALL TACTICAL 22,300 22,300
OPTICAL RIFLE
MOUNTED MLRF.
089 GREEN LASER 1,016 1,016
INTERDICTION SYSTEM
(GLIS).
090 INDIRECT FIRE 55,354 55,354
PROTECTION FAMILY OF
SYSTEMS.
091 ARTILLERY ACCURACY 800 800
EQUIP.
092 PROFILER............. 3,027 3,027
093 MOD OF IN-SVC EQUIP 1,185 1,185
(FIREFINDER RADARS).
094 JOINT BATTLE COMMAND-- 103,214 103,214
PLATFORM (JBC-P).
096 MOD OF IN-SVC EQUIP 26,037 26,037
(LLDR).
097 MORTAR FIRE CONTROL 23,100 23,100
SYSTEM.
098 COUNTERFIRE RADARS... 312,727 312,727
ELECT EQUIP--TACTICAL
C2 SYSTEMS
101 FIRE SUPPORT C2 43,228 43,228
FAMILY.
102 BATTLE COMMAND 14,446 14,446
SUSTAINMENT SUPPORT
SYSTEM.
103 FAAD C2.............. 4,607 4,607
104 AIR & MSL DEFENSE 33,090 33,090
PLANNING & CONTROL
SYS.
105 IAMD BATTLE COMMAND 21,200 21,200
SYSTEM.
107 LIFE CYCLE SOFTWARE 1,795 1,795
SUPPORT (LCSS).
109 NETWORK MANAGEMENT 54,327 54,327
INITIALIZATION AND
SERVICE.
110 MANEUVER CONTROL 59,171 59,171
SYSTEM (MCS).
111 GLOBAL COMBAT SUPPORT 83,936 83,936
SYSTEM-ARMY (GCSS-A).
113 LOGISTICS AUTOMATION. 25,476 25,476
114 RECONNAISSANCE AND 19,341 19,341
SURVEYING INSTRUMENT
SET.
ELECT EQUIP--
AUTOMATION
115 ARMY TRAINING 11,865 11,865
MODERNIZATION.
116 AUTOMATED DATA 219,431 219,431
PROCESSING EQUIP.
117 GENERAL FUND 6,414 6,414
ENTERPRISE BUSINESS
SYSTEMS FAM.
118 HIGH PERF COMPUTING 62,683 62,683
MOD PGM (HPCMP).
120 RESERVE COMPONENT 34,951 34,951
AUTOMATION SYS
(RCAS).
ELECT EQUIP--AUDIO
VISUAL SYS (A/V)
121 ITEMS LESS THAN $5.0M 7,440 7,440
(A/V).
122 ITEMS LESS THAN $5M 1,615 1,615
(SURVEYING
EQUIPMENT).
ELECT EQUIP--SUPPORT
123 PRODUCTION BASE 554 554
SUPPORT (C-E).
124 BCT EMERGING 20,000 20,000
TECHNOLOGIES.
CLASSIFIED PROGRAMS
124A CLASSIFIED PROGRAMS.. 3,558 3,558
CHEMICAL DEFENSIVE
EQUIPMENT
126 FAMILY OF NON-LETHAL 762 762
EQUIPMENT (FNLE).
127 BASE DEFENSE SYSTEMS 20,630 20,630
(BDS).
128 CBRN DEFENSE......... 22,151 22,151
BRIDGING EQUIPMENT
130 TACTICAL BRIDGING.... 14,188 14,188
131 TACTICAL BRIDGE, 23,101 23,101
FLOAT-RIBBON.
132 COMMON BRIDGE 15,416 15,416
TRANSPORTER (CBT)
RECAP.
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
134 GRND STANDOFF MINE 50,465 50,465
DETECTN SYSM
(GSTAMIDS).
135 ROBOTIC COMBAT 6,490 6,490
SUPPORT SYSTEM
(RCSS).
136 EOD ROBOTICS SYSTEMS 1,563 1,563
RECAPITALIZATION.
137 EXPLOSIVE ORDNANCE 20,921 20,921
DISPOSAL EQPMT (EOD
EQPMT).
138 REMOTE DEMOLITION 100 100
SYSTEMS.
139 < $5M, COUNTERMINE 2,271 2,271
EQUIPMENT.
COMBAT SERVICE
SUPPORT EQUIPMENT
140 HEATERS AND ECU'S.... 7,269 7,269
141 LAUNDRIES, SHOWERS 200 200
AND LATRINES.
142 SOLDIER ENHANCEMENT.. 1,468 1,468
143 PERSONNEL RECOVERY 26,526 26,526
SUPPORT SYSTEM
(PRSS).
144 GROUND SOLDIER SYSTEM 81,680 71,680
Unjustified unit [-10,000]
cost growth.
147 FIELD FEEDING 28,096 28,096
EQUIPMENT.
148 CARGO AERIAL DEL & 56,150 56,150
PERSONNEL PARACHUTE
SYSTEM.
149 MORTUARY AFFAIRS 3,242 3,242
SYSTEMS.
150 FAMILY OF ENGR COMBAT 38,141 38,141
AND CONSTRUCTION
SETS.
151 ITEMS LESS THAN $5M 5,859 5,859
(ENG SPT).
PETROLEUM EQUIPMENT
152 DISTRIBUTION SYSTEMS, 60,612 60,612
PETROLEUM & WATER.
MEDICAL EQUIPMENT
153 COMBAT SUPPORT 22,042 22,042
MEDICAL.
154 MEDEVAC MISSON 35,318 35,318
EQUIPMENT PACKAGE
(MEP).
MAINTENANCE EQUIPMENT
155 MOBILE MAINTENANCE 19,427 19,427
EQUIPMENT SYSTEMS.
156 ITEMS LESS THAN $5.0M 3,860 3,860
(MAINT EQ).
CONSTRUCTION
EQUIPMENT
157 GRADER, ROAD MTZD, 2,000 2,000
HVY, 6X4 (CCE).
159 SCRAPERS, EARTHMOVING 36,078 36,078
160 MISSION MODULES-- 9,721 9,721
ENGINEERING.
162 HYDRAULIC EXCAVATOR.. 50,122 50,122
163 TRACTOR, FULL TRACKED 28,828 28,828
164 ALL TERRAIN CRANES... 19,863 19,863
[[Page H3469]]
166 HIGH MOBILITY 23,465 23,465
ENGINEER EXCAVATOR
(HMEE).
168 ENHANCED RAPID 13,590 13,590
AIRFIELD
CONSTRUCTION CAPAP.
169 CONST EQUIP ESP...... 16,088 16,088
170 ITEMS LESS THAN $5.0M 6,850 6,850
(CONST EQUIP).
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
171 ARMY WATERCRAFT ESP.. 38,007 19,007
Funding ahead of [-19,000]
need.
172 ITEMS LESS THAN $5.0M 10,605 10,605
(FLOAT/RAIL).
GENERATORS
173 GENERATORS AND 129,437 129,437
ASSOCIATED EQUIP.
MATERIAL HANDLING
EQUIPMENT
174 ROUGH TERRAIN 1,250 1,250
CONTAINER HANDLER
(RTCH).
175 FAMILY OF FORKLIFTS.. 8,260 8,260
TRAINING EQUIPMENT
176 COMBAT TRAINING 121,710 121,710
CENTERS SUPPORT.
177 TRAINING DEVICES, 225,200 225,200
NONSYSTEM.
178 CLOSE COMBAT TACTICAL 30,063 30,063
TRAINER.
179 AVIATION COMBINED 34,913 34,913
ARMS TACTICAL
TRAINER.
180 GAMING TECHNOLOGY IN 9,955 9,955
SUPPORT OF ARMY
TRAINING.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
181 CALIBRATION SETS 8,241 8,241
EQUIPMENT.
182 INTEGRATED FAMILY OF 67,506 67,506
TEST EQUIPMENT
(IFTE).
183 TEST EQUIPMENT 18,755 18,755
MODERNIZATION
(TEMOD).
OTHER SUPPORT
EQUIPMENT
184 M25 STABILIZED 5,110 5,110
BINOCULAR.
185 RAPID EQUIPPING 5,110 5,110
SOLDIER SUPPORT
EQUIPMENT.
186 PHYSICAL SECURITY 62,904 62,904
SYSTEMS (OPA3).
187 BASE LEVEL COMMON 1,427 1,427
EQUIPMENT.
188 MODIFICATION OF IN- 96,661 96,661
SVC EQUIPMENT (OPA-
3).
189 PRODUCTION BASE 2,450 2,450
SUPPORT (OTH).
190 SPECIAL EQUIPMENT FOR 11,593 11,593
USER TESTING.
191 AMC CRITICAL ITEMS 8,948 8,948
OPA3.
192 TRACTOR YARD......... 8,000 8,000
OPA2
195 INITIAL SPARES--C&E.. 59,700 59,700
TOTAL OTHER 6,465,218 6,410,918
PROCUREMENT,
ARMY.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
001 EA-18G............... 2,001,787 1,956,787
Program [-45,000]
adjustment.
003 F/A-18E/F (FIGHTER) 206,551 206,551
HORNET.
004 ADVANCE 75,000
PROCUREMENT (CY).
Program increase. [75,000]
005 JOINT STRIKE FIGHTER 1,135,444 1,135,444
CV.
006 ADVANCE 94,766 94,766
PROCUREMENT (CY).
007 JSF STOVL............ 1,267,260 1,267,260
008 ADVANCE 103,195 103,195
PROCUREMENT (CY).
009 V-22 (MEDIUM LIFT)... 1,432,573 1,432,573
010 ADVANCE 55,196 55,196
PROCUREMENT (CY).
011 H-1 UPGRADES (UH-1Y/ 749,962 749,962
AH-1Z).
012 ADVANCE 71,000 71,000
PROCUREMENT (CY).
013 MH-60S (MYP)......... 383,831 383,831
014 ADVANCE 37,278 37,278
PROCUREMENT (CY).
015 MH-60R (MYP)......... 599,237 599,237
016 ADVANCE 231,834 231,834
PROCUREMENT (CY).
017 P-8A POSEIDON........ 3,189,989 3,189,989
018 ADVANCE 313,160 313,160
PROCUREMENT (CY).
019 E-2D ADV HAWKEYE..... 997,107 962,107
Unjustified CRI [-35,000]
Funding.
020 ADVANCE 266,542 266,542
PROCUREMENT (CY).
TRAINER AIRCRAFT
021 JPATS................ 249,080 249,080
OTHER AIRCRAFT
022 KC-130J.............. 134,358 134,358
023 ADVANCE 32,288 32,288
PROCUREMENT (CY).
025 ADVANCE 52,002 52,002
PROCUREMENT (CY).
026 MQ-8 UAV............. 60,980 60,980
028 OTHER SUPPORT 14,958 14,958
AIRCRAFT.
MODIFICATION OF
AIRCRAFT
029 EA-6 SERIES.......... 18,577 18,577
030 AEA SYSTEMS.......... 48,502 48,502
031 AV-8 SERIES.......... 41,575 41,575
032 ADVERSARY............ 2,992 2,992
033 F-18 SERIES.......... 875,371 875,371
034 H-46 SERIES.......... 2,127 2,127
036 H-53 SERIES.......... 67,675 67,675
037 SH-60 SERIES......... 135,054 135,054
038 H-1 SERIES........... 41,706 41,706
039 EP-3 SERIES.......... 55,903 77,903
12th Aircraft [8,000]
Spiral 3 Upgrade.
Multi-INT Sensor [14,000]
Kits &
Installation.
[[Page H3470]]
040 P-3 SERIES........... 37,436 37,436
041 E-2 SERIES........... 31,044 31,044
042 TRAINER A/C SERIES... 43,720 43,720
043 C-2A................. 902 902
044 C-130 SERIES......... 47,587 47,587
045 FEWSG................ 665 665
046 CARGO/TRANSPORT A/C 14,587 14,587
SERIES.
047 E-6 SERIES........... 189,312 189,312
048 EXECUTIVE HELICOPTERS 85,537 85,537
SERIES.
049 SPECIAL PROJECT 3,684 16,684
AIRCRAFT.
Engineering and [8,000]
Technical
Services Support.
Multi-INT Sensor [5,000]
Kits &
Installation.
050 T-45 SERIES.......... 98,128 98,128
051 POWER PLANT CHANGES.. 22,999 22,999
052 JPATS SERIES......... 1,576 1,576
053 AVIATION LIFE SUPPORT 6,267 6,267
MODS.
054 COMMON ECM EQUIPMENT. 141,685 141,685
055 COMMON AVIONICS 120,660 120,660
CHANGES.
056 COMMON DEFENSIVE 3,554 3,554
WEAPON SYSTEM.
057 ID SYSTEMS........... 41,800 41,800
058 P-8 SERIES........... 9,485 9,485
059 MAGTF EW FOR AVIATION 14,431 14,431
060 MQ-8 SERIES.......... 1,001 1,001
061 RQ-7 SERIES.......... 26,433 26,433
062 V-22 (TILT/ROTOR 160,834 160,834
ACFT) OSPREY.
063 F-35 STOVL SERIES.... 147,130 147,130
064 F-35 CV SERIES....... 31,100 31,100
AIRCRAFT SPARES AND
REPAIR PARTS
065 SPARES AND REPAIR 1,142,461 1,142,461
PARTS.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
066 COMMON GROUND 410,044 410,044
EQUIPMENT.
067 AIRCRAFT INDUSTRIAL 27,450 27,450
FACILITIES.
068 WAR CONSUMABLES...... 28,930 28,930
069 OTHER PRODUCTION 5,268 5,268
CHARGES.
070 SPECIAL SUPPORT 60,306 60,306
EQUIPMENT.
071 FIRST DESTINATION 1,775 1,775
TRANSPORTATION.
TOTAL AIRCRAFT 17,927,651 17,957,651
PROCUREMENT,
NAVY.
WEAPONS PROCUREMENT,
NAVY
MODIFICATION OF
MISSILES
001 TRIDENT II MODS...... 1,140,865 1,126,765
Equipment related [-14,100]
to New START
treaty
implementation.
SUPPORT EQUIPMENT &
FACILITIES
002 MISSILE INDUSTRIAL 7,617 7,617
FACILITIES.
STRATEGIC MISSILES
003 TOMAHAWK............. 312,456 312,456
TACTICAL MISSILES
004 AMRAAM............... 95,413 95,413
005 SIDEWINDER........... 117,208 117,208
006 JSOW................. 136,794 136,794
007 STANDARD MISSILE..... 367,985 367,985
008 RAM.................. 67,596 67,596
009 HELLFIRE............. 33,916 33,916
010 STAND OFF PRECISION 6,278 6,278
GUIDED MUNITIONS
(SOPGM).
011 AERIAL TARGETS....... 41,799 41,799
012 OTHER MISSILE SUPPORT 3,538 3,538
MODIFICATION OF
MISSILES
013 ESSM................. 76,749 76,749
014 HARM MODS............ 111,902 111,902
SUPPORT EQUIPMENT &
FACILITIES
015 WEAPONS INDUSTRIAL 1,138 1,138
FACILITIES.
016 FLEET SATELLITE COMM 23,014 23,014
FOLLOW-ON.
ORDNANCE SUPPORT
EQUIPMENT
017 ORDNANCE SUPPORT 84,318 84,318
EQUIPMENT.
TORPEDOES AND RELATED
EQUIP
018 SSTD................. 3,978 3,978
019 ASW TARGETS.......... 8,031 8,031
MOD OF TORPEDOES AND
RELATED EQUIP
020 MK-54 TORPEDO MODS... 125,898 125,898
021 MK-48 TORPEDO ADCAP 53,203 53,203
MODS.
022 QUICKSTRIKE MINE..... 7,800 7,800
SUPPORT EQUIPMENT
023 TORPEDO SUPPORT 59,730 59,730
EQUIPMENT.
024 ASW RANGE SUPPORT.... 4,222 4,222
DESTINATION
TRANSPORTATION
025 FIRST DESTINATION 3,963 3,963
TRANSPORTATION.
GUNS AND GUN MOUNTS
026 SMALL ARMS AND 12,513 12,513
WEAPONS.
MODIFICATION OF GUNS
AND GUN MOUNTS
027 CIWS MODS............ 56,308 56,308
028 COAST GUARD WEAPONS.. 10,727 10,727
029 GUN MOUNT MODS....... 72,901 72,901
[[Page H3471]]
030 CRUISER MODERNIZATION 1,943 1,943
WEAPONS.
031 AIRBORNE MINE 19,758 19,758
NEUTRALIZATION
SYSTEMS.
SPARES AND REPAIR
PARTS
033 SPARES AND REPAIR 52,632 52,632
PARTS.
TOTAL WEAPONS 3,122,193 3,108,093
PROCUREMENT,
NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 37,703 37,703
002 AIRBORNE ROCKETS, ALL 65,411 65,411
TYPES.
003 MACHINE GUN 20,284 20,284
AMMUNITION.
004 PRACTICE BOMBS....... 37,870 37,870
005 CARTRIDGES & CART 53,764 53,764
ACTUATED DEVICES.
006 AIR EXPENDABLE 67,194 67,194
COUNTERMEASURES.
007 JATOS................ 2,749 2,749
008 LRLAP 6" LONG RANGE 3,906 3,906
ATTACK PROJECTILE.
009 5 INCH/54 GUN 24,151 24,151
AMMUNITION.
010 INTERMEDIATE CALIBER 33,080 33,080
GUN AMMUNITION.
011 OTHER SHIP GUN 40,398 40,398
AMMUNITION.
012 SMALL ARMS & LANDING 61,219 61,219
PARTY AMMO.
013 PYROTECHNIC AND 10,637 10,637
DEMOLITION.
014 AMMUNITION LESS THAN 4,578 4,578
$5 MILLION.
MARINE CORPS
AMMUNITION
015 SMALL ARMS AMMUNITION 26,297 26,297
016 LINEAR CHARGES, ALL 6,088 6,088
TYPES.
017 40 MM, ALL TYPES..... 7,644 7,644
018 60MM, ALL TYPES...... 3,349 3,349
020 120MM, ALL TYPES..... 13,361 13,361
022 GRENADES, ALL TYPES.. 2,149 2,149
023 ROCKETS, ALL TYPES... 27,465 27,465
026 FUZE, ALL TYPES...... 26,366 26,366
028 AMMO MODERNIZATION... 8,403 8,403
029 ITEMS LESS THAN $5 5,201 5,201
MILLION.
TOTAL 589,267 589,267
PROCUREMENT OF
AMMO, NAVY & MC.
SHIPBUILDING &
CONVERSION, NAVY
OTHER WARSHIPS
001 CARRIER REPLACEMENT 944,866 944,866
PROGRAM.
003 VIRGINIA CLASS 2,930,704 3,422,704
SUBMARINE.
Increase to [492,000]
Virginia class.
004 ADVANCE 2,354,612 2,354,612
PROCUREMENT (CY).
005 CVN REFUELING 1,705,424 1,705,424
OVERHAULS.
006 ADVANCE 245,793 245,793
PROCUREMENT (CY).
007 DDG 1000............. 231,694 310,994
Increase to DDG [79,300]
1000.
008 DDG-51............... 1,615,564 1,615,564
009 ADVANCE 388,551 388,551
PROCUREMENT (CY).
010 LITTORAL COMBAT SHIP. 1,793,014 1,793,014
AMPHIBIOUS SHIPS
012 AFLOAT FORWARD 524,000 524,000
STAGING BASE.
014 JOINT HIGH SPEED 2,732 2,732
VESSEL.
AUXILIARIES, CRAFT
AND PRIOR YR PROGRAM
COST
016 ADVANCE 183,900 183,900
PROCUREMENT (CY).
017 OUTFITTING........... 450,163 450,163
019 LCAC SLEP............ 80,987 80,987
020 COMPLETION OF PY 625,800 988,800
SHIPBUILDING
PROGRAMS.
DDG-51........... [332,000]
Joint High Speed [7,600]
Vessel.
MTS.............. [23,400]
TOTAL 14,077,804 15,012,104
SHIPBUILDING &
CONVERSION, NAVY.
OTHER PROCUREMENT,
NAVY
SHIP PROPULSION
EQUIPMENT
001 LM-2500 GAS TURBINE.. 10,180 10,180
002 ALLISON 501K GAS 5,536 5,536
TURBINE.
003 HYBRID ELECTRIC DRIVE 16,956 16,956
(HED).
GENERATORS
004 SURFACE COMBATANT 19,782 19,782
HM&E.
NAVIGATION EQUIPMENT
005 OTHER NAVIGATION 39,509 39,509
EQUIPMENT.
PERISCOPES
006 SUB PERISCOPES & 52,515 52,515
IMAGING EQUIP.
OTHER SHIPBOARD
EQUIPMENT
007 DDG MOD.............. 285,994 285,994
008 FIREFIGHTING 14,389 14,389
EQUIPMENT.
009 COMMAND AND CONTROL 2,436 2,436
SWITCHBOARD.
010 LHA/LHD MIDLIFE...... 12,700 12,700
011 LCC 19/20 EXTENDED 40,329 40,329
SERVICE LIFE PROGRAM.
012 POLLUTION CONTROL 19,603 19,603
EQUIPMENT.
013 SUBMARINE SUPPORT 8,678 8,678
EQUIPMENT.
014 VIRGINIA CLASS 74,209 74,209
SUPPORT EQUIPMENT.
015 LCS CLASS SUPPORT 47,078 47,078
EQUIPMENT.
[[Page H3472]]
016 SUBMARINE BATTERIES.. 37,000 37,000
017 LPD CLASS SUPPORT 25,053 25,053
EQUIPMENT.
018 STRATEGIC PLATFORM 12,986 12,986
SUPPORT EQUIP.
019 DSSP EQUIPMENT....... 2,455 2,455
020 CG MODERNIZATION..... 10,539 10,539
021 LCAC................. 14,431 14,431
022 UNDERWATER EOD 36,700 36,700
PROGRAMS.
023 ITEMS LESS THAN $5 119,902 119,902
MILLION.
024 CHEMICAL WARFARE 3,678 3,678
DETECTORS.
025 SUBMARINE LIFE 8,292 8,292
SUPPORT SYSTEM.
REACTOR PLANT
EQUIPMENT
027 REACTOR COMPONENTS... 286,744 286,744
OCEAN ENGINEERING
028 DIVING AND SALVAGE 8,780 8,780
EQUIPMENT.
SMALL BOATS
029 STANDARD BOATS....... 36,452 36,452
TRAINING EQUIPMENT
030 OTHER SHIPS TRAINING 36,145 36,145
EQUIPMENT.
PRODUCTION FACILITIES
EQUIPMENT
031 OPERATING FORCES IPE. 69,368 69,368
OTHER SHIP SUPPORT
032 NUCLEAR ALTERATIONS.. 106,328 106,328
033 LCS COMMON MISSION 45,966 45,966
MODULES EQUIPMENT.
034 LCS MCM MISSION 59,885 59,885
MODULES.
035 LCS SUW MISSION 37,168 37,168
MODULES.
LOGISTIC SUPPORT
036 LSD MIDLIFE.......... 77,974 77,974
SHIP SONARS
038 SPQ-9B RADAR......... 27,934 27,934
039 AN/SQQ-89 SURF ASW 83,231 83,231
COMBAT SYSTEM.
040 SSN ACOUSTICS........ 199,438 199,438
041 UNDERSEA WARFARE 9,394 9,394
SUPPORT EQUIPMENT.
042 SONAR SWITCHES AND 12,953 12,953
TRANSDUCERS.
043 ELECTRONIC WARFARE 8,958 8,958
MILDEC.
ASW ELECTRONIC
EQUIPMENT
044 SUBMARINE ACOUSTIC 24,077 24,077
WARFARE SYSTEM.
045 SSTD................. 11,925 11,925
046 FIXED SURVEILLANCE 94,338 94,338
SYSTEM.
047 SURTASS.............. 9,680 9,680
048 MARITIME PATROL AND 18,130 18,130
RECONNSAISANCE FORCE.
ELECTRONIC WARFARE
EQUIPMENT
049 AN/SLQ-32............ 203,375 203,375
RECONNAISSANCE
EQUIPMENT
050 SHIPBOARD IW EXPLOIT. 123,656 123,656
051 AUTOMATED 896 896
IDENTIFICATION
SYSTEM (AIS).
SUBMARINE
SURVEILLANCE
EQUIPMENT
052 SUBMARINE SUPPORT 49,475 49,475
EQUIPMENT PROG.
OTHER SHIP ELECTRONIC
EQUIPMENT
053 COOPERATIVE 34,692 34,692
ENGAGEMENT
CAPABILITY.
054 TRUSTED INFORMATION 396 396
SYSTEM (TIS).
055 NAVAL TACTICAL 15,703 15,703
COMMAND SUPPORT
SYSTEM (NTCSS).
056 ATDLS................ 3,836 3,836
057 NAVY COMMAND AND 7,201 7,201
CONTROL SYSTEM
(NCCS).
058 MINESWEEPING SYSTEM 54,400 54,400
REPLACEMENT.
059 SHALLOW WATER MCM.... 8,548 8,548
060 NAVSTAR GPS RECEIVERS 11,765 11,765
(SPACE).
061 AMERICAN FORCES RADIO 6,483 6,483
AND TV SERVICE.
062 STRATEGIC PLATFORM 7,631 7,631
SUPPORT EQUIP.
TRAINING EQUIPMENT
063 OTHER TRAINING 53,644 53,644
EQUIPMENT.
AVIATION ELECTRONIC
EQUIPMENT
064 MATCALS.............. 7,461 7,461
065 SHIPBOARD AIR TRAFFIC 9,140 9,140
CONTROL.
066 AUTOMATIC CARRIER 20,798 20,798
LANDING SYSTEM.
067 NATIONAL AIR SPACE 19,754 19,754
SYSTEM.
068 FLEET AIR TRAFFIC 8,909 8,909
CONTROL SYSTEMS.
069 LANDING SYSTEMS...... 13,554 13,554
070 ID SYSTEMS........... 38,934 38,934
071 NAVAL MISSION 14,131 14,131
PLANNING SYSTEMS.
OTHER SHORE
ELECTRONIC EQUIPMENT
072 DEPLOYABLE JOINT 3,249 3,249
COMMAND & CONTROL.
073 MARITIME INTEGRATED 11,646 11,646
BROADCAST SYSTEM.
074 TACTICAL/MOBILE C4I 18,189 18,189
SYSTEMS.
075 DCGS-N............... 17,350 17,350
076 CANES................ 340,567 340,567
077 RADIAC............... 9,835 9,835
078 CANES-INTELL......... 59,652 59,652
079 GPETE................ 6,253 6,253
080 INTEG COMBAT SYSTEM 4,963 4,963
TEST FACILITY.
081 EMI CONTROL 4,664 4,664
INSTRUMENTATION.
082 ITEMS LESS THAN $5 66,889 66,889
MILLION.
SHIPBOARD
COMMUNICATIONS
[[Page H3473]]
084 SHIP COMMUNICATIONS 23,877 23,877
AUTOMATION.
086 COMMUNICATIONS ITEMS 28,001 28,001
UNDER $5M.
SUBMARINE
COMMUNICATIONS
087 SUBMARINE BROADCAST 7,856 7,856
SUPPORT.
088 SUBMARINE 74,376 74,376
COMMUNICATION
EQUIPMENT.
SATELLITE
COMMUNICATIONS
089 SATELLITE 27,381 27,381
COMMUNICATIONS
SYSTEMS.
090 NAVY MULTIBAND 215,952 215,952
TERMINAL (NMT).
SHORE COMMUNICATIONS
091 JCS COMMUNICATIONS 4,463 4,463
EQUIPMENT.
092 ELECTRICAL POWER 778 778
SYSTEMS.
CRYPTOGRAPHIC
EQUIPMENT
094 INFO SYSTEMS SECURITY 133,530 133,530
PROGRAM (ISSP).
095 MIO INTEL 1,000 1,000
EXPLOITATION TEAM.
CRYPTOLOGIC EQUIPMENT
096 CRYPTOLOGIC 12,251 12,251
COMMUNICATIONS EQUIP.
OTHER ELECTRONIC
SUPPORT
097 COAST GUARD EQUIPMENT 2,893 2,893
SONOBUOYS
099 SONOBUOYS--ALL TYPES. 179,927 179,927
AIRCRAFT SUPPORT
EQUIPMENT
100 WEAPONS RANGE SUPPORT 55,279 55,279
EQUIPMENT.
101 EXPEDITIONARY 8,792 8,792
AIRFIELDS.
102 AIRCRAFT REARMING 11,364 11,364
EQUIPMENT.
103 AIRCRAFT LAUNCH & 59,502 59,502
RECOVERY EQUIPMENT.
104 METEOROLOGICAL 19,118 19,118
EQUIPMENT.
105 DCRS/DPL............. 1,425 1,425
106 AVIATION LIFE SUPPORT 29,670 29,670
107 AIRBORNE MINE 101,554 101,554
COUNTERMEASURES.
108 LAMPS MK III 18,293 18,293
SHIPBOARD EQUIPMENT.
109 PORTABLE ELECTRONIC 7,969 7,969
MAINTENANCE AIDS.
110 OTHER AVIATION 5,215 5,215
SUPPORT EQUIPMENT.
111 AUTONOMIC LOGISTICS 4,827 4,827
INFORMATION SYSTEM
(ALIS).
SHIP GUN SYSTEM
EQUIPMENT
112 NAVAL FIRES CONTROL 1,188 1,188
SYSTEM.
113 GUN FIRE CONTROL 4,447 4,447
EQUIPMENT.
SHIP MISSILE SYSTEMS
EQUIPMENT
114 NATO SEASPARROW...... 58,368 58,368
115 RAM GMLS............. 491 491
116 SHIP SELF DEFENSE 51,858 51,858
SYSTEM.
117 AEGIS SUPPORT 59,757 59,757
EQUIPMENT.
118 TOMAHAWK SUPPORT 71,559 71,559
EQUIPMENT.
119 VERTICAL LAUNCH 626 626
SYSTEMS.
120 MARITIME INTEGRATED 2,779 2,779
PLANNING SYSTEM-MIPS.
FBM SUPPORT EQUIPMENT
121 STRATEGIC MISSILE 224,484 198,565
SYSTEMS EQUIP.
New START treaty [-25,919]
implementation.
ASW SUPPORT EQUIPMENT
122 SSN COMBAT CONTROL 85,678 85,678
SYSTEMS.
123 SUBMARINE ASW SUPPORT 3,913 3,913
EQUIPMENT.
124 SURFACE ASW SUPPORT 3,909 3,909
EQUIPMENT.
125 ASW RANGE SUPPORT 28,694 28,694
EQUIPMENT.
OTHER ORDNANCE
SUPPORT EQUIPMENT
126 EXPLOSIVE ORDNANCE 46,586 46,586
DISPOSAL EQUIP.
127 ITEMS LESS THAN $5 11,933 11,933
MILLION.
OTHER EXPENDABLE
ORDNANCE
128 ANTI-SHIP MISSILE 62,361 62,361
DECOY SYSTEM.
129 SURFACE TRAINING 41,813 41,813
DEVICE MODS.
130 SUBMARINE TRAINING 26,672 26,672
DEVICE MODS.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
131 PASSENGER CARRYING 5,600 5,600
VEHICLES.
132 GENERAL PURPOSE 3,717 3,717
TRUCKS.
133 CONSTRUCTION & 10,881 10,881
MAINTENANCE EQUIP.
134 FIRE FIGHTING 14,748 14,748
EQUIPMENT.
135 TACTICAL VEHICLES.... 5,540 5,540
136 AMPHIBIOUS EQUIPMENT. 5,741 5,741
137 POLLUTION CONTROL 3,852 3,852
EQUIPMENT.
138 ITEMS UNDER $5 25,757 25,757
MILLION.
139 PHYSICAL SECURITY 1,182 1,182
VEHICLES.
SUPPLY SUPPORT
EQUIPMENT
140 MATERIALS HANDLING 14,250 14,250
EQUIPMENT.
141 OTHER SUPPLY SUPPORT 6,401 6,401
EQUIPMENT.
142 FIRST DESTINATION 5,718 5,718
TRANSPORTATION.
143 SPECIAL PURPOSE 22,597 22,597
SUPPLY SYSTEMS.
TRAINING DEVICES
144 TRAINING SUPPORT 22,527 22,527
EQUIPMENT.
COMMAND SUPPORT
EQUIPMENT
145 COMMAND SUPPORT 50,428 50,428
EQUIPMENT.
146 EDUCATION SUPPORT 2,292 2,292
EQUIPMENT.
147 MEDICAL SUPPORT 4,925 4,925
EQUIPMENT.
149 NAVAL MIP SUPPORT 3,202 3,202
EQUIPMENT.
151 OPERATING FORCES 24,294 24,294
SUPPORT EQUIPMENT.
[[Page H3474]]
152 C4ISR EQUIPMENT...... 4,287 4,287
153 ENVIRONMENTAL SUPPORT 18,276 18,276
EQUIPMENT.
154 PHYSICAL SECURITY 134,495 134,495
EQUIPMENT.
155 ENTERPRISE 324,327 324,327
INFORMATION
TECHNOLOGY.
CLASSIFIED PROGRAMS
156A CLASSIFIED PROGRAMS.. 12,140 12,140
SPARES AND REPAIR
PARTS
157 SPARES AND REPAIR 317,234 316,959
PARTS.
New START treaty [-275]
implementation.
TOTAL OTHER 6,310,257 6,284,063
PROCUREMENT,
NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
001 AAV7A1 PIP........... 32,360 32,360
002 LAV PIP.............. 6,003 6,003
ARTILLERY AND OTHER
WEAPONS
003 EXPEDITIONARY FIRE 589 589
SUPPORT SYSTEM.
004 155MM LIGHTWEIGHT 3,655 3,655
TOWED HOWITZER.
005 HIGH MOBILITY 5,467 5,467
ARTILLERY ROCKET
SYSTEM.
006 WEAPONS AND COMBAT 20,354 20,354
VEHICLES UNDER $5
MILLION.
OTHER SUPPORT
007 MODIFICATION KITS.... 38,446 38,446
008 WEAPONS ENHANCEMENT 4,734 4,734
PROGRAM.
GUIDED MISSILES
009 GROUND BASED AIR 15,713 15,713
DEFENSE.
010 JAVELIN.............. 36,175 36,175
012 ANTI-ARMOR WEAPONS 1,136 1,136
SYSTEM-HEAVY (AAWS-
H).
OTHER SUPPORT
013 MODIFICATION KITS.... 33,976 33,976
COMMAND AND CONTROL
SYSTEMS
014 UNIT OPERATIONS 16,273 16,273
CENTER.
REPAIR AND TEST
EQUIPMENT
015 REPAIR AND TEST 41,063 41,063
EQUIPMENT.
OTHER SUPPORT (TEL)
016 COMBAT SUPPORT SYSTEM 2,930 2,930
COMMAND AND CONTROL
SYSTEM (NON-TEL)
018 ITEMS UNDER $5 1,637 1,637
MILLION (COMM &
ELEC).
019 AIR OPERATIONS C2 18,394 18,394
SYSTEMS.
RADAR + EQUIPMENT
(NON-TEL)
020 RADAR SYSTEMS........ 114,051 114,